Current through Register Vol. 48, No. 3, March 22, 2024
A. The terms and conditions of the permit
shall be as set forth in the approved Application for a Mining Permit and the
approved Reclamation Plan.
B. The
Department may impose terms and conditions on the applicant's or operator's
permit provided:
(1) There is a basis in law
for the provision of such terms and conditions; and
(2) The Department shall have reviewed the
mining and reclamation plans of applicant or operator; and
(3) Inspected the lands permitted or to be
permitted; and
(4) Determined that
applicant's or operator's plans are inadequate for public safety and to
properly protect and safeguard the land, water, air and environment of adjacent
non-permitted lands; and
(5) The
Department shall notify the applicant or operator in writing of the terms and
conditions imposed and the reasons for such additional terms and
conditions.
C. Such
imposed terms and conditions may include and cover, but are not limited to the
following:
(1) Best Management Practices for
Sediment and Erosion Control:
Appropriate Best Management Practices for sediment and erosion
control shall be designed, constructed, and maintained to prevent additional
contribution of sediment to streams, lakes or ponds or land outside the permit
area. Where applicable, sediment and erosion control measures to prevent
degradation of the environment shall consist of the utilization of proper
reclamation methods and sediment control practices including, but not limited
to:
(a) Grading the backfill material
to reduce the rate and volume of runoff;
(b) Retaining sediment within the pit and
disturbed area;
(c) Establishing
temporary vegetation or mulch on areas that will remain subject to erosion for
as long as six months.
(2) Visual Screening Measures:
The Department may require visual screening, vegetative or
otherwise, so as to screen the view of the operation from public highways,
public parks, or residential areas, where the Department finds such screening
to be feasible and desirable.
(3) Dewatering Measures:
(a) In areas of documented
groundwater-related impacts from dewatering activities or potential significant
impact as determined by the Department, the Department may require the operator
to install a groundwater monitoring system to evaluate pre-mining groundwater
conditions.
(b) In areas of
documented groundwater related problems or potential significant impact as
determined by the Department, the operator may be required to keep accurate
records of the time and rate of groundwater pumping, groundwater elevations in
the pit or groundwater elevations in observation wells during mining.
(c) Information collected from a pre-mine
groundwater monitoring system and during mining will be used by the operator
and Department to determine provisions which meet the requirements for the
protection and/or restoration of surface water or groundwater impacted by mine
dewatering.
(4) Cultural
and Historic Sites:
(a) In areas of
significant cultural and historic sites, the Department may require a survey of
cultural and/or historic resources on the proposed mine site by a consultant or
other qualified person retained by the operator.
(b) Information obtained from the survey will
be used by the operator and Department to determine provisions which meet the
requirements for the protection, relocation, or excavation of significant
cultural or historic sites as mining progresses.
(5) Operators Mining in Rivers and Streams:
(a) A minimum fifty-foot border of natural
vegetation between the water's edge and any plant site on the permitted area
shall be left undisturbed subject to the operator's right to normal access to
the stream. When the materials extracted are not processed after removal and no
plant is located on the property, the operator shall take all necessary
precautions to preserve the integrity of the stream bank.
(b) The S. C. Department of Highways and
Public Transportation and/or the S. C. Public Service Commission may be
contacted in reference to setback requirements from bridges, railroad trestles
and other structures for in-stream mining activity.
(c) Where appropriate, Best Management
Practices, such as sediment traps and sediment fences shall be installed and
maintained to minimize the amount of sediment and spoil returning to the
stream.
(d) Where appropriate, the
Department may require that all facilities such as dredges, pumps and floating
pipelines which are placed in any stream or other body of water navigable by
boats and water recreational vehicles be identified by flags, signs and
lights.
(e) Sediments, spoil or
screening shall not be placed so as to build up the water surface or near
enough to the water surface to interfere with normal flow of the stream or
traffic by boat or recreational vehicles.
(6) Noise Monitoring and Control.
(a) On initial applications or permits having
substantial modifications where the Department determines that a mining
operation may significantly increase noise levels on neighboring property, the
operator may be required to conduct monitoring to determine background noise
levels.
(b) Information collected
from the noise monitoring will be used by the operator and Department to
determine provisions to minimize noise levels to neighboring
landowners.
D. The applicant may voluntarily agree to
place terms and conditions on the permit. Such voluntary terms and conditions
become binding and fully enforceable. Such voluntary terms and conditions do
not (1) become binding on any other permit, (2) establish any precedent, (3)
establish any standard procedure or standard practices or (4) have any
application outside the permit.
