Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-3 - SURFACE MINING › Rule 391-3-3-.02 - Permits

Current through Rules and Regulations filed through June 27,
				2024
(1)
General
				Requirement.
Prior to commencing any surface mining operation, a mining
				operator shall be required to obtain from the Director a permit to conduct such
				surface mining operation.
(2)
Application for Permit
The application for a permit shall be made
				on forms supplied by the Director, and shall be signed by the applicant. The
				application shall contain the name of the Applicant; certification that the
				Mining Operator is the rightful owner or holds a valid lease or option to
				purchase or lease the affected lands which, at a minimum, extends two years
				beyond the final reclamation date shown in the Mining Land Use Plan; a
				certification that the information provided in or submitted by the mining
				operator as part of the Application and Mining Land Use Plan is true and
				correct, and the Mining Operator agrees to comply with provisions of the Mining
				Land Use Plan, provisions of the Act and Rules, and conditions of the permit; a
				statement granting to the Environmental Protection Division or any authorized
				representative of the Director the right of entry and travel upon affected
				lands; and such other information as is required by the Director. Such
				application shall be filed with the Director well in advance of the date on
				which the mining operator desires to commence mining, so that adequate time
				will be available to the Director to review the application and accompanying
				documents. Said application shall be accompanied by a Mining Land Use Plan,
				which shall be prepared in accordance with the provisions of the Act and these
				rules and regulations.
(3)
Issuance of Permit.
A permit will be issued by the Director on
				evidence satisfactory to the Director of compliance with the provisions of the
				Act and these rules and regulations. No such permit will be issued until a
				mining operator files with the Division the appropriate performance bond,
				government securities, irrevocable letter of credit, cash or any combination
				thereof, unless said mining operator has been exempted from this requirement by
				the Director in accordance with the Act and these rules and regulations. A
				permit, once issued, shall be valid from the date of issuance until the
				completion of mining, unless otherwise revoked pursuant to the Act and these
				rules and regulations. Such permit shall be conditioned upon the permittee's
				compliance with the approved Mining Land Use Plan.
(4)
Revocation of Permit.
If a
				mining operator fails to comply with the Mining Land Use Plan, the Division
				will notify said operator in writing of the specific items of noncompliance and
				request that corrections be made. If the mining operator thereafter fails to
				comply within a reasonable time, the Director may revoke said mining operator's
				permit in accordance with the Act, as amended. The decision to revoke a permit
				is left to the discretion of the Director and will be based on violation of the
				Act, Rules, permit conditions, or Mining Land Use Plan. Mining by a permitted
				operator on an unauthorized site (lands not permitted) while holding other
				valid permits shall constitute prima facie evidence of violation of an approved
				Mining Land Use Plan and all permits that an operator holds may be suspended or
				revoked.
(5)
Transferability
				of Permit.
A permit, once issued, is not transferable from one mining
				operator to another. Whenever the legal ownership of a mining operation
				changes, the new owner may continue such operation provided that, within 60
				days of such change in ownership, the new operator files with the Director an
				approveable application, Mining Land Use Plan, and appropriate bonding. In such
				cases of change in ownership, the original owner shall be held responsible for
				lands affected by the operation unless written proof of the assumption of
				responsibility by the new owner, satisfactory to the Director, is filed with
				the Division.
(6)
Exemption.
Tunnels, shafts and dimension stone quarries are by law
				exempted from the provision of the Act.
Ga. L. 1968, p. 9,
et seq.
, as amended, specifically by Ga. L. 1976, p. 527; Ga.
				  L. 1972, p. 1015, as amended; p. 1098
et seq.
, as
				  amended.