reglab/housing_qa huggingface dataset:
NC Gen Stat § 74-28 (2021)
2021 North Carolina General Statutes|Chapter 74 - Mines and Quarries|Article 3 - Waterways Obtained.|§ 74-28 - Confirmation of report; payment of damages; rights of petitioner.

 74-28. Confirmation of report; payment of damages; rights of petitioner.After the filing of the report and confirmation thereof by the clerk, who shall have power to confirm or, for good cause, set aside the same, the petitioner shall have full right and power to enter upon such lands and make such ditches, drains, or other necessary work: Provided, he has first paid or tendered the damages, assessed as above, to the owner of such lands or his known and recognized agent, if he be a resident of this State, or have such agent in this State. If the owner be a nonresident and have no known agent in this State, the amount so assessed shall be paid by the petitioner into the office of the clerk of the superior court of the county for the use of such owner. (1871-2, c. 158, s. 12; Code, s. 3298; Rev., s. 4957; C.S., s. 6923.)
NC Gen Stat § 74-29 (2021)
2021 North Carolina General Statutes|Chapter 74 - Mines and Quarries|Article 3 - Waterways Obtained.|§ 74-29 - Registration of report.

 74-29. Registration of report.The petitioner, or any other person interested, may have the report of the appraisers registered upon the certificate of the clerk and shall pay the register a fee of twenty-five cents (25 ) therefor. (1871-2, c. 158, s. 8; Code, s. 3298; Rev., s. 4957; C.S., s. 6924.)
NC Gen Stat § 74-30 (2021)
2021 North Carolina General Statutes|Chapter 74 - Mines and Quarries|Article 3 - Waterways Obtained.|§ 74-30 - Obstructing mining drains.

 74-30. Obstructing mining drains.If any person shall obstruct any drain or ditch constructed under the provisions of this Chapter, he shall be guilty of a Class 1 misdemeanor. (1871-2, c. 158, s. 12; Code, s. 3301; Rev., s. 3380; C.S., s. 6925; 1993, c. 539, s. 554; 1994, Ex. Sess., c. 24, s. 14(c).)
NC Gen Stat § 74-31 (2021)
2021 North Carolina General Statutes|Chapter 74 - Mines and Quarries|Article 3 - Waterways Obtained.|§ 74-31 - Disposition of waste.

 74-31. Disposition of waste.In getting out and washing the products of kaolin and mica mines, the persons engaged in such business shall have the right to allow the waste, water, and sediment to run off into the natural courses and streams. (1917, c. 123; C.S., s. 6926; 1937, c. 378.)
NC Gen Stat § 74-32 (2021)
2021 North Carolina General Statutes|Chapter 74 - Mines and Quarries|Article 4 - Adjustment of Conflicting Claims.|§ 74-32 - Liability for damage for trespass.

 74-32. Liability for damage for trespass.If any owner or person in possession of any mine or mining claim shall enter upon, either on the surface or underground, any mine or mining claim, the property of another, and shall mine or carry away any valuable mineral therefrom, he shall be liable to the owner of the mine so trespassed upon for double the value of all such mineral mined or carried away and for all other damages; and the value of the mineral mined or carried away shall be presumed to be the amount of the gross value ascertained by an average assay of the excavated material or vein or ledge from which it was taken. If such trespass is wrongfully and willfully made, punitive damages may be allowed. (1913, c. 51, s. 1; C.S., s. 6927.)
NC Gen Stat § 74-33 (2021)
2021 North Carolina General Statutes|Chapter 74 - Mines and Quarries|Article 4 - Adjustment of Conflicting Claims.|§ 74-33 - Persons entitled to bring suit.

 74-33. Persons entitled to bring suit.The owner of a mine in this State, or any person in possession under a lease or other contract, may maintain an action to recover damages to such property arising from the operation of any adjacent mine by the owner thereof or other person in possession and working the same under lease or contract, and also to prevent the continuance of the operation of the adjacent mine in such a manner as to injure or endanger the safety of the complainant's mine. (1913, c. 51, s. 1; C.S., s. 6928.)
NC Gen Stat § 74-34 (2021)
2021 North Carolina General Statutes|Chapter 74 - Mines and Quarries|Article 4 - Adjustment of Conflicting Claims.|§ 74-34 - Application and order for survey.

 74-34. Application and order for survey.The person entitled to bring an action, as provided in G.S. 74-33, may apply to any judge of the superior court having jurisdiction to grant injunctions and restraining orders, and obtain an order of survey in the following manner: He shall file an affidavit giving the names of the parties and the location as near as may be, of the mine complained of; the location of the plaintiff's mine, and that he has reason to believe that the defendant, or his agents or employees, are or have been trespassing upon his mine, or working the defendant's mine in such a manner as to damage or endanger the plaintiff's property. Upon the filing of the affidavit, the judge shall cause a notice to be issued to the defendant or his agents, stating the time and place and before whom the application will be heard, and requiring them to appear, in not less than 10 nor more than 20 days from the date thereof, and show cause why an order of survey should not be granted. Upon the hearing, and for good cause shown, the judge shall grant an order directed to some competent disinterested surveyor or mining engineer, or both, as the case may be, who shall proceed to make the necessary examination and surveys, as directed by the court, and report their action to the court. The persons selected by the judge to make the survey and examination shall be residents of the State, and, before entering upon the discharge of their duty, shall take and subscribe an oath that they will fairly and impartially survey the mines described in the petition. In all other respects, except as stated above, the surveyors appointed by the judge shall proceed as in surveys in disputed boundaries. (1913, c. 51, s. 2; C.S., s. 6929.)
NC Gen Stat § 74-35 (2021)
2021 North Carolina General Statutes|Chapter 74 - Mines and Quarries|Article 4 - Adjustment of Conflicting Claims.|§ 74-35 - Free access to mine for survey.

 74-35. Free access to mine for survey.Upon the order made for the survey in the manner, at the time, and by the persons mentioned in the order, which shall include a representative of the party making the application, who shall not be one of the surveyors, there shall be given free access to the mine for the purpose of survey, and any interference with the persons acting under the order of survey shall be contempt of court and punished accordingly. If the persons named in the order of survey so require, they, with their instruments, shall be carefully lowered and raised in and out of the mine with the cage, bucket, or skip ordinarily used in the shafts of the mine; and they may demand of the owner of the mine, or his manager or agent, that they be so raised and lowered at a speed agreeable to them and not to endanger their comfort and safety or to injure the accuracy of their instruments. The owner of the mine, his managers or agents, shall be liable in damages to the persons making the examination for any injury to them or to their instruments, caused by the careless and negligent operation of any bucket, cage, or skip at such a high rate of speed as to injure the persons or their instruments while being lowered or raised in the mine. (1913, c. 51, s. 2; C.S., s. 6930.)
NC Gen Stat § 74-36 (2021)
2021 North Carolina General Statutes|Chapter 74 - Mines and Quarries|Article 4 - Adjustment of Conflicting Claims.|§ 74-36 - Costs of the survey.

 74-36. Costs of the survey.The costs of the order and survey shall be paid by the person making the application; but if he shall maintain an action and recover damages for the injury done or threatened prior to such survey and examination, the costs of the order and survey shall be taxed against the defendant as other costs in the action. The party obtaining the survey shall be liable for any unnecessary injury done to the property examined and surveyed in making the survey. (1913, c. 51, s. 2; C.S., s. 6931.)
NC Gen Stat § 74-38 (2021)
2021 North Carolina General Statutes|Chapter 74 - Mines and Quarries|Article 5 - Interstate Mining Compact.|§ 74-38 - Commission to file copies of bylaws with Department of Environmental Quality.

 74-38. Commission to file copies of bylaws with Department of Environmental Quality.(a), (b) Repealed by Session Laws 1973, c. 1262, s. 33.(c) In accordance with Article V(i) of the Compact, the Commission shall file copies of the bylaws and any amendments thereto with the Department of Environmental Quality.  (1967, c. 946, s. 2; 1973, c. 1262, s. 33; 1977, c. 771, s. 4; 1989, c. 727, s. 218(12); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(u).)
NC Gen Stat § 74-46 (2021)
2021 North Carolina General Statutes|Chapter 74 - Mines and Quarries|Article 7 - The Mining Act of 1971.|§ 74-46 - Title.

 74-46. Title.This Article may be known and cited as "The Mining Act of 1971." (1971, c. 545, s. 1.)
NC Gen Stat § 74-47 (2021)
2021 North Carolina General Statutes|Chapter 74 - Mines and Quarries|Article 7 - The Mining Act of 1971.|§ 74-47 - Findings.

 74-47. Findings.The General Assembly finds that the extraction of minerals by mining is a basic and essential activity making an important contribution to the economic well-being of North Carolina and the nation. Furthermore, it is not practical to extract minerals required by our society without disturbing the surface of the earth and producing waste materials, and the very character of certain surface mining operations precludes complete restoration of the land to its original condition. However, it is possible to conduct mining in such a way as to minimize its effects on the surrounding environment. Furthermore, proper reclamation of mined land is necessary to prevent undesirable land and water conditions that would be detrimental to the general welfare, health, safety, beauty, and property rights of the citizens of the State. The General Assembly finds that the conduct of mining and reclamation of mined lands as provided by this Article will allow the mining of valuable minerals and will provide for the protection of the State's environment and for the subsequent beneficial use of the mined and reclaimed land. (1971, c. 545, s. 2.)
NC Gen Stat § 74-48 (2021)
2021 North Carolina General Statutes|Chapter 74 - Mines and Quarries|Article 7 - The Mining Act of 1971.|§ 74-48 - Purposes.

 74-48. Purposes.The purposes of this Article are to provide:(1) That the usefulness, productivity, and scenic values of all lands and waters involved in mining within the State will receive the greatest practical degree of protection and restoration.(2) That from June 11, 1971, no mining shall be carried on in the State unless plans for such mining include reasonable provisions for protection of the surrounding environment and for reclamation of the area of land affected by mining. (1971, c. 545, s. 3.)
NC Gen Stat § 74-52 (2021)
2021 North Carolina General Statutes|Chapter 74 - Mines and Quarries|Article 7 - The Mining Act of 1971.|§ 74-52 - Permit modifications.

 74-52. Permit modifications.(a) 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.(b) Repealed by Session Laws 2017-209, s. 13(c), effective October 4, 2017.(c) 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.(d) 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.  (1971, c. 545, s. 7; 1993 (Reg. Sess., 1994), c. 568, s. 4; 2017-209, s. 13(c).)
NC Gen Stat § 74-54.1 (2021)
2021 North Carolina General Statutes|Chapter 74 - Mines and Quarries|Article 7 - The Mining Act of 1971.|§ 74-54.1 - Permit fees.

 74-54.1. Permit fees.(a) The fee schedule for the processing of permit applications, transfers, and modifications is as follows:0-25 acres  26+ acres  New Permit Applications  $3,750.00  $5,000.00  Permit Modifications  $750.00  $1,000.00  Permit Transfers  $100.00  $100.00  (a1) In addition to the fees set forth in subsection (a) of this section, permittees shall pay an annual operating fee of four hundred dollars ($400.00) per permit per year as set forth in G.S. 74-55. The Department may charge a late fee of fifty dollars ($50.00) per month per permit for every month or partial month that payment of the annual operating fee is delinquent.(b) Fees collected under this section shall be credited to the General Fund and shall be applied to the costs of administering this Article.(c) Repealed by Session Laws 2017-10, s. 4.1, effective May 4, 2017.  (1989 (Reg. Sess., 1990), c. 944, s. 1; 1991 (Reg. Sess., 1992), c. 1039, s. 16; 1993, c. 513, s. 3; 1993 (Reg. Sess., 1994), c. 568, s. 6; 2007-323, s. 30.2(a); 2012-143, s. 1(d); 2013-410, s. 7(b); 2015-241, s. 14.16(b); 2017-10, s. 4.1; 2017-209, s. 13(e).)
NC Gen Stat § 74-55 (2021)
2021 North Carolina General Statutes|Chapter 74 - Mines and Quarries|Article 7 - The Mining Act of 1971.|§ 74-55 - Reclamation report.

 74-55. Reclamation report.(a) 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:(1) Identify the mine, the operator and the permit number.(2) State acreage disturbed by mining in the last 12-month period.(3) State and describe amount and type of reclamation carried out in the last 12-month period.(4) Estimate acreage to be newly disturbed by mining in the next 12-month period.(5) Provide such maps as may be specifically requested by the Department.(6) Include the annual operating fee pursuant to G.S. 74-54.1(a1).(b) 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.  (1971, c. 545, s. 10; 1987, c. 827, s. 85; 2017-209, s. 13(f); 2020-74, s. 10.)
NC Gen Stat § 74-57 (2021)
2021 North Carolina General Statutes|Chapter 74 - Mines and Quarries|Article 7 - The Mining Act of 1971.|§ 74-57 - Departmental modification of permit or reclamation plan.

 74-57. Departmental modification of permit or reclamation plan.If at any time it appears to the Department from its inspection of the affected land that the activities under the reclamation plan and other terms and conditions of the permit are failing to achieve the purposes and requirements of this Article, it shall give the operator written notice of that fact, of its intention to modify the reclamation plan and other terms and conditions of the permit in a stated manner, and of the operator's right to a hearing on the proposed modification at a stated time and place. The date for such hearing shall be not less than 30 nor more than 60 days after the date of the notice unless the Department and the operator shall mutually agree on another date. Following the hearing the Department shall have the right to modify the reclamation plan and other terms and conditions of the permit in the manner stated in the notice or in such other manner as it deems appropriate in view of the evidence submitted at the hearing. (1971, c. 545, s. 12.)
NC Gen Stat § 74-58 (2021)
2021 North Carolina General Statutes|Chapter 74 - Mines and Quarries|Article 7 - The Mining Act of 1971.|§ 74-58 - Suspension or revocation of permit.

 74-58. Suspension or revocation of permit.(a) Whenever the Department shall have reason to believe that a violation of (i) this Article, (ii) any rules adopted under this Article, or (iii) the terms and conditions of a permit, including the approved reclamation plan, has taken place, it shall serve written notice of the apparent violation upon the operator, specifying the facts constituting the apparent violation and informing the operator of the operator's right to an informal conference with the Department. The date for an informal conference shall be not less than 15 nor more than 30 days after the date of the notice, unless the Department and the operator mutually agree on another date. If the operator or the operator's representative does not appear at the informal conference, or if the Department following the informal conference finds that there has been a violation, the Department may suspend the permit until the violation is corrected or may revoke the permit where the violation appears to be willful, or where the permittee has failed to pay the fee or late payment penalties required by G.S. 74-55(b).(b) The effective date of any suspension or revocation shall be 30 days following the date of the decision. The filing of a petition for a contested case under G.S. 74-61 shall stay the effective date until issuance of a final decision. If the Department finds at the time of its initial decision that any delay in correcting a violation would result in imminent peril to life or danger to property or to the environment, it shall promptly initiate a proceeding for injunctive relief under G.S. 74-64 hereof and Rule 65 of the Rules of Civil Procedure. The pendency of any appeal from a suspension or revocation of a permit shall have no effect upon an action for injunctive relief.(c) Any operator whose permit has been suspended or revoked shall be denied a new permit or reinstatement of the suspended permit to engage in mining until the operator gives evidence satisfactory to the Department of the operator's ability and intent to fully comply with the provisions of this Article and rules adopted under this Article, and the terms and conditions of the permit, including the approved reclamation plan, and that the operator has satisfactorily corrected all previous violations.  (1971, c. 545, s. 13; 1973, c. 1262, s. 33; 1979, c. 252, s. 1; 1987, c. 827, s. 82A; 1993 (Reg. Sess., 1994), c. 568, s. 8; 2011-398, s. 29; 2017-209, s. 13(g).)
NC Gen Stat § 74-59 (2021)
2021 North Carolina General Statutes|Chapter 74 - Mines and Quarries|Article 7 - The Mining Act of 1971.|§ 74-59 - Bond forfeiture proceedings.

 74-59. Bond forfeiture proceedings.Whenever the Department determines the necessity of a bond forfeiture under the provisions of G.S. 74-56, or whenever it revokes an operating permit under the provisions of G.S. 74-58, it shall request the Attorney General to initiate forfeiture proceedings against the bond or other security filed by the operator under G.S. 74-54; provided, however, that no such request shall be made for forfeiture of a bond until the surety has been given written notice of the violation and a reasonable opportunity to take corrective action. Such proceedings shall be brought in the name of the State of North Carolina. In such proceedings, the face amount of the bond or other security, less any amount released by the Department pursuant to G.S. 74-56, shall be treated as liquidated damages and subject to forfeiture. All funds collected as a result of such proceedings shall be placed in a special fund and used by the Department to carry out, to the extent possible, the reclamation measures which the operator has failed to complete. If the amount of the bond or other security filed pursuant to this section proves to be insufficient to complete the required reclamation pursuant to the approved reclamation plan, the operator shall be liable to the Department for any excess above the amount of the bond or other security which may be required to defray the cost of completing the required reclamation. (1971, c. 545, s. 14.)
NC Gen Stat § 74-60 (2021)
2021 North Carolina General Statutes|Chapter 74 - Mines and Quarries|Article 7 - The Mining Act of 1971.|§ 74-60 - Notice.

 74-60. Notice.Whenever in this Article written notice is required to be given by the Department, such notice shall be mailed by registered or certified mail to the permanent address of the operator set forth in his most recent application for an operating permit or for a modification of such permit. No other notice shall be required.  (1971, c. 545, s. 15; 2017-209, s. 13(h).)
NC Gen Stat § 74-61 (2021)
2021 North Carolina General Statutes|Chapter 74 - Mines and Quarries|Article 7 - The Mining Act of 1971.|§ 74-61 - Administrative and judicial review of decisions.

 74-61. Administrative and judicial review of decisions.An applicant, permittee, or affected person may contest a decision of the Department to deny, suspend, modify, or revoke a permit or a reclamation plan, to refuse to release part or all of a bond or other security, or to assess a civil penalty by filing a petition for a contested case under G.S. 150B-23 within 30 days after the Department makes the decision. Article 4 of Chapter 150B of the General Statutes governs judicial review of a decision of the Commission. (1971, c. 545, s. 16; 1973, c. 1262, s. 33; 1977, c. 771, s. 4; 1979, c. 252, s. 3; 1987, c. 827, s. 86; 1993 (Reg. Sess., 1994), c. 568, s. 9; 2011-398, s. 30.)
NC Gen Stat § 74-63 (2021)
2021 North Carolina General Statutes|Chapter 74 - Mines and Quarries|Article 7 - The Mining Act of 1971.|§ 74-63 - Rules.

 74-63. Rules.The Commission may adopt rules necessary to administer this Article. (1971, c. 545, s. 18; 1973, c. 1262, s. 33; c. 1331, s. 3; 1987, c. 827, s. 84.)
NC Gen Stat § 74-65 (2021)
2021 North Carolina General Statutes|Chapter 74 - Mines and Quarries|Article 7 - The Mining Act of 1971.|§ 74-65 - Effect on local zoning regulations.

 74-65. Effect on local zoning regulations.No provision of this Article shall be construed to supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina, except insofar as a provision of said regulation or ordinance is in direct conflict with this Article. (1971, c. 545, s. 20.)
NC Gen Stat § 74-66 (2021)
2021 North Carolina General Statutes|Chapter 74 - Mines and Quarries|Article 7 - The Mining Act of 1971.|§ 74-66 - Private relief against nuisance or hazard.

 74-66. Private relief against nuisance or hazard.No provision of this Article shall be construed to restrict or impair the right of any private or public person, association, corporation, partnership, officer, or agency to bring any legal or equitable action for redress against nuisances or hazards. (1971, c. 545, s. 21.)