North Carolina § 74-52 - Permit modifications.

§ 74-52. Permit modifications.

Any operator engaged in mining under an operating permit may apply at any time for modification of the permit. The application shall be in writing upon forms furnished by the Department and shall fully state the information called for. The applicant must provide the Department with any additional information necessary to satisfy application requirements. In addition, the applicant may be required to furnish any other information as may be deemed necessary by the Department in order adequately to enforce the Article. Repealed by Session Laws 2017-209, s. 13(c), effective October 4, 2017. A modification under this section may affect the land area covered by the permit, the approved reclamation plan coupled with the permit, or other terms and conditions of the permit. 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, so long as the Department determines that the modified plan fully meets the standards set forth in G.S. 74-53 and that the modifications would be generally consistent with the bases for issuance of the original permit. Other terms and conditions may be modified only where the Department determines that the permit as modified would meet all requirements of G.S. 74-50 and [G.S.] 74-51. No modification of a permit shall become effective until any required changes have been made in the performance bond or other security posted under the provisions of G.S. 74-54, so as to assure the performance of obligations assumed by the operator under the permit and reclamation plan. History (1971, c. 545, s. 7; 1993 (Reg. Sess., 1994), c. 568, s. 4; 2017-209, s. 13(c).) Editor's Note. - In subsection (c) above, the bracketed "G.S." was added by the publisher in order to conform with stylistic rules. Session Laws 2017-209, s. 13(j), effective October 4, 2017, provides: "This section is effective when it becomes law and applies to (i) valid permits for existing mining operations issued before the date this act becomes effective and (ii) any permit application for a mining operation pending or submitted on or after that date. No later than December 1, 2017, the Department shall issue life-of-site permits or life-of-lease permits, as applicable, to replace valid permits for existing mining operations issued before the date this act becomes effective in compliance with the provisions of this act. Until such time as life-of-site permits or life-of-lease permits, as applicable, have been issued to replace valid permits for existing mining operations issued before the date this act becomes effective, any valid permit and its terms and conditions shall remain in effect and govern the operations of the facility notwithstanding any termination date that may be included in such permit." Session Laws 2017-209, s. 21(a), is a severability clause. Effect of Amendments. - Session Laws 2017-209, s. 13(c), effective October 4, 2017, rewrote the section heading; in subsection (a), deleted the former second and fifth sentences; deleted subsection (b); deleted the former fifth sentence of subsection (c); and deleted "or renewal" following "modification" near the beginning of subsection (d). For applicability, see editor's note.