North Carolina § 74-55 - Reclamation report.

§ 74-55. Reclamation report.

By September 1 of each year, the operator shall file a report of activities completed during the preceding year on a form prescribed by the Department, which includes all of the following: Identify the mine, the operator and the permit number. State acreage disturbed by mining in the last 12-month period. State and describe amount and type of reclamation carried out in the last 12-month period. Estimate acreage to be newly disturbed by mining in the next 12-month period. Provide such maps as may be specifically requested by the Department. Include the annual operating fee pursuant to G.S. 74-54.1(a1). When filing the annual report, the permittee shall pay the annual operating fee for the permit to the Department by September 1 of each year until the permit has been terminated by the Department. The Department may assess and collect a monthly penalty for each annual report or annual operating fee not filed by September 30 of each year until the annual report and annual operating fee are filed with the Department. If the required annual report and operating fee, including any late payment penalties, are not filed by December 31 of each year, the Department shall give written notice to the operator and shall then initiate permit revocation proceedings in accordance with G.S. 74-58. History (1971, c. 545, s. 10; 1987, c. 827, s. 85; 2017-209, s. 13(f); 2020-74, s. 10.) Editor's Note. - Session Laws 2017-209, s. 13(i), provides: "Notwithstanding G.S. 74-55(b) , as enacted by subsection (f) of this section, the initial annual operating fee imposed by G.S. 74-54.1(a1) , as enacted by subsection (e) of this section, shall be due December 31, 2017." 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(f), effective October 4, 2017, added the designation for subsection (a), rewrote the introductory language for subsection (a), added subdivision (a)(6); added subsection (b); and made stylistic changes. For applicability, see editor's note. Session Laws 2020-74, s. 10, effective July 1, 2020, substituted "September 1" for "July 1" in the introductory language of subsection (a); and in subsection (b), inserted "by September 1, of each year" in the first sentence, and substituted "September 30" for "July 31" in the second sentence.