reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter B - PERMITTING AND REPORTING › Section 05B .0111 - PUBLIC HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If the
				department determines that there exists a significant public interest in an
				application for a new mining permit, the director shall appoint a hearing
				officer to conduct a public hearing on the application which shall be held no
				sooner than 20 or later than 60 days of the filing of the application and
				before the department makes its final decision regarding the
				application.
(b) At least ten days
				prior to the public hearing, the department shall publish notice thereof in a
				newspaper of general circulation in the county in which the proposed mine is
				located. The department may also give notice to the public by other means. In
				addition, the department shall cause written notice of the hearing to be sent
				by certified or registered mail to the applicant and to the known owners of all
				adjoining land.
(c) Any person may
				appear at the public hearing and give oral or written comments on the proposed
				application. The hearing officer may impose reasonable limitations on the
				length of time that any person may speak and may summarize comments rather than
				recording them in full. The hearing officer may allow additional written
				comments to be submitted after the hearing within a period of time he deems
				appropriate which shall not exceed ten days.
(d) Within ten days after the hearing or time
				for additional comment, the hearing officer shall prepare a written report
				summarizing the comments that were submitted regarding the application. The
				report shall include copies of all written comments that were submitted. Copies
				of the report shall be made available to the applicant or members of the public
				upon request. The department shall give full consideration to all comments
				contained in the hearing record in making its final determination on the
				application.
Authority
				  G.S.
				  74-51;
				  74-63;
Eff. May 1,
				  1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter B - PERMITTING AND REPORTING › Section 05B .0113 - RESPONSE DEADLINE TO DEPARTMENT'S REQUEST(S)

Current through Register Vol. 39, No. 2, July 15, 2024
An applicant or permittee shall submit to the Department
				  supplemental information regarding an application for a new permit, modified
				  permit, or permit renewal within 180 days after the date of receipt of the
				  Department's written request(s) for such information. Upon written request of
				  the applicant or permittee to the Director, an additional reasonable specified
				  period of time not to exceed one year shall be granted upon determination of
				  good cause by the Director. Additional time may be granted by the Mining and
				  Energy Commission, provided written request is made by the applicant or
				  permittee before the expiration of the one-year period.
Authority
				  G.S.
				  74-51;
				  74-52;
				  74-63;
				  143B-290;
RRC
				  Objection Eff. September 15, 1994 due to lack of statutory
				  authority;
Eff. November 1, 1994;
Amended Eff. August
				  1, 2012 (see S.L. 2012-143, s.1.(d)).
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter C - GEOPHYSICAL EXPLORATION › Section 05C .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Explorations.
				Whenever the word "explorations" is referred to in these rules, it shall mean
				geological, geophysical and other surveys and investigations, including seismic
				methods for the discovery and location of oil, gas or other mineral prospects,
				and which may or may not involve the use of explosives.
(b) Seismic Explorations. The word "seismic
				explorations" shall mean any geophysical exploration method which involves the
				use of explosives.
(c) Shot. The
				word "shot" as used in these rules shall mean the use and detonation of powder,
				dynamite, nitroglycerin or other explosives.
(d) Department. Whenever the word
				"department" is referred to in these rules, it shall mean the North Carolina
				Department of Environment, Health, and Natural Resources in Raleigh, North
				Carolina.
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Amended Eff. January 31, 1979;
Readopted Eff.
				  August 1, 1982;
Amended Eff. April 1,
				  1990.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter C - GEOPHYSICAL EXPLORATION › Section 05C .0102 - SUPERVISION

Current through Register Vol. 39, No. 2, July 15, 2024
The supervision and administration of these Rules shall be
				  the responsibility of the Director of the Division of Energy, Mineral, and Land
				  Resources.
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Readopted Eff. August 1, 1982;
Amended Eff.
				  August 1, 2012 (see S.L. 2012-143, s.1.(f)); August 1,
				  1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter C - GEOPHYSICAL EXPLORATION › Section 05C .0103 - CORRESPONDENCE

Current through Register Vol. 39, No. 2, July 15, 2024
Reports and correspondence by all parties in connection with
				  these rules shall be addressed to "North Carolina Department of Environment,
				  Health, and Natural Resources, Raleigh, N.C." unless from time to time parties
				  subject to these rules shall be notified in writing by the department to direct
				  communications to a specified division or a specified representative of the
				  department.
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Amended Eff. January 31, 1979;
Readopted Eff.
				  August 1, 1982;
Amended Eff. April 1,
				  1990.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter C - GEOPHYSICAL EXPLORATION › Section 05C .0104 - SITE REGULATION

Current through Register Vol. 39, No. 2, July 15, 2024
The Secretary of the Department of Environment, Health, and
				  Natural Resources (and in areas in which wildlife resources will be appreciably
				  affected, with the advice and approval of the Director of the N.C. Wildlife
				  Resources Commission and representatives of the U.S. Fish and Wildlife Service)
				  will designate when, where, and how much exploration work shall be conducted
				  under these Rules.
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Amended Eff. January 31, 1979;
Readopted Eff.
				  August 1, 1982;
Amended Eff. April 1,
				  1990.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter C - GEOPHYSICAL EXPLORATION › Section 05C .0105 - PERMIT REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
A permit from the department is required for all seismic
				  exploration work in the area to which these rules are applicable. No such
				  seismic work shall be started without a permit and all such work must be
				  carried out in such manner as may be approved by the said
				  secretary.
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Readopted Eff. August 1,
				  1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter C - GEOPHYSICAL EXPLORATION › Section 05C .0106 - PERMIT APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
Application for permits for such exploration work must be
				  filed in quadruplicate with the department at least 10 days before issuance of
				  permits and must be accompanied by a detailed map showing the exact area in
				  which the geophysical operations are to be conducted, such area to be shown,
				  where possible, by reference to established coast objects or landmarks. (The
				  department may hereafter require applications to be filed on special forms to
				  be provided by the department.) Permittees will also obtain appropriate assent
				  from the lessee if and where the area under investigation is leased, with
				  exclusive exploration privilege, to other than the permittee.
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Readopted Eff. August 1,
				  1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter C - GEOPHYSICAL EXPLORATION › Section 05C .0107 - PERMIT DURATION

Current through Register Vol. 39, No. 2, July 15, 2024
Permits are limited to a period of six months from date of
				  issue, but may be renewed for not more than two additional 90-day periods at
				  the discretion of the secretary. Applications for renewal may be made in letter
				  form. After the expiration of a permit and any renewals thereof, work may
				  continue or be resumed under any new permit issued or application made as
				  provided in Rule .0006 of this Subchapter.
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Readopted Eff. August 1,
				  1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter C - GEOPHYSICAL EXPLORATION › Section 05C .0108 - GEOGRAPHIC LIMITS ON WORK

Current through Register Vol. 39, No. 2, July 15, 2024
No seismic crew shall work outside the area or areas as
				  described in its permit or permits.
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Readopted Eff. August 1,
				  1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter C - GEOPHYSICAL EXPLORATION › Section 05C .0109 - SEISMIC AGENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Each seismic exploration crew working under permit issued
				  pursuant to these rules will always be accompanied by a seismic agent, unless
				  written exception has been granted by the secretary. When a crew employs more
				  than one shooting component or unit and the units are at such a distance apart
				  that it is impossible for the seismic agent to travel from one to the other in
				  time to observe the shots of each crew, it will be required that an agent be
				  assigned to each shooting component of the crew. The seismic agent will be
				  constantly present during the shooting operations of the party to which he is
				  assigned.
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Readopted Eff. August 1,
				  1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter C - GEOPHYSICAL EXPLORATION › Section 05C .0110 - DAILY REPORT REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Daily reports on such exploration work shall be filed with
				  the department by the seismic agent at the end of each working period. A
				  separate report must be made for each day whether or not shooting is in
				  progress. These reports must furnish complete information as indicated on the
				  report form and must be signed by the party chief and by the seismic agent. The
				  party chief will furnish only such information to the seismic agent as is
				  required to fill out the daily reports. Should the department wish to secure
				  any other information, it will furnish the party chief with a written
				  request.
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Readopted Eff. August 1,
				  1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter C - GEOPHYSICAL EXPLORATION › Section 05C .0111 - NOTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
Operators shall notify the department at least one week in
				  advance of the beginning, and shall give notice of interruption, and of
				  cessation of work in any area, and shall keep the department informed of name
				  and address of party chief, and location and movements of the crew or quarter
				  boat.
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Readopted Eff. August 1,
				  1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter C - GEOPHYSICAL EXPLORATION › Section 05C .0112 - SIZE OF EXPLOSIVE CHARGES

Current through Register Vol. 39, No. 2, July 15, 2024
Charges in excess of 50 pounds shall not be used except
				  pursuant to written authorization from the department. Requests for the use of
				  such charges must be made in writing, giving the reasons why such charges are
				  needed, the size of charges to be used, and the depth at which they are to be
				  suspended or buried. Such requests should be addressed to the department.
				  Should multiple charges be used, the total amount of explosive should not
				  exceed 50 pounds without special permission from the
				  department.
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Readopted Eff. August 1,
				  1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter C - GEOPHYSICAL EXPLORATION › Section 05C .0113 - PLACING OF CHARGES

Current through Register Vol. 39, No. 2, July 15, 2024
The placing of explosive charges on the bottoms of the water
				  at any area covered by a permit issued pursuant to these rules is prohibited.
				  No undetonated charges shall be left. No such charges should be detonated
				  nearer to the bottom or water bed than five feet.
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Readopted Eff. August 1,
				  1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter C - GEOPHYSICAL EXPLORATION › Section 05C .0114 - CURRITUCK SPECIAL

Current through Register Vol. 39, No. 2, July 15, 2024
All shots in Currituck Sound and tributary waters from
				  Currituck Bridge at Point Harbor to the Virginia state line shall be in bored
				  holes regardless of the depth of the water.
The requirements of the preceding paragraph shall not apply
				  to trial charges and charges for determining position and water speed; provided
				  that such charges are not over five pounds, and are not fired without
				  permission of the seismic agent, and then not more often than absolutely
				  necessary.
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Readopted Eff. August 1,
				  1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter C - GEOPHYSICAL EXPLORATION › Section 05C .0115 - REMOVAL

Current through Register Vol. 39, No. 2, July 15, 2024
All pipe used in geophysical operations must be removed by
				  the party using such pipe to at least six feet below the bottom or water bed
				  (and in charted navigable channels, at least eight feet below charted dredge
				  depth) before finally leaving the shot-point.
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Readopted Eff. August 1,
				  1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter C - GEOPHYSICAL EXPLORATION › Section 05C .0116 - IDENTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
All parties using pipe must have clearly stamped at each end
				  of each joint the name or abbreviation of the name of the company using the
				  pipe.
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Readopted Eff. August 1,
				  1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter C - GEOPHYSICAL EXPLORATION › Section 05C .0117 - PIPES AND BUOYS

Current through Register Vol. 39, No. 2, July 15, 2024
All pipes, buoys, and other markers used in connection with
				  seismic work shall be properly flagged in the daytime and lighted at night
				  according to the navigation rules of the U.S. Engineers and the U.S. Coast
				  Guard.
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Readopted Eff. August 1,
				  1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter C - GEOPHYSICAL EXPLORATION › Section 05C .0118 - EXPLOSIVES

Current through Register Vol. 39, No. 2, July 15, 2024
No explosives shall be discharged within 1,000 feet of a
				  fishing boat operating in the waters, without notice being given to such boat
				  so that it may move from the area. Before any shot is discharged the
				  exploration party shall employ methods approved by the industry to frighten or
				  drive away the fish and/or marine life which may be in the area where the shot
				  is to be discharged. If there is a school or schools of fish in the area to be
				  shot, operations must be suspended in that particular area until said school or
				  schools of fish have been driven away.
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Readopted Eff. August 1,
				  1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter C - GEOPHYSICAL EXPLORATION › Section 05C .0119 - SHOOTING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No shooting
				will be allowed except in daylight hours so that the seismic agent may observe
				the results of each shot, except that, in the discretion of the department and
				on written request stating the reasons therefor special written permission may
				be granted for night shooting.
(b)
				No shooting will be allowed in heavy fog due to danger to boats in close
				proximity.
(c) Persistent gas and
				water spouts caused by drilling or shooting operations of seismic crews will be
				stopped by permittee as soon as possible after they occur.
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Readopted Eff. August 1,
				  1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter C - GEOPHYSICAL EXPLORATION › Section 05C .0120 - MINIMUM DEPTHS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Minimum
				required depths of charges detonated in holes below the bottom or bed of the
				inland or offshore waters within the jurisdiction of this state shall be as
				follows:
(1) five pounds or less 20 feet
				below the bottom,
(2) up to 20
				pounds 40 feet below the bottom,
(3) up to 30 pounds 50 feet below the
				bottom,
(4) up to 40 pounds 60 feet
				below the bottom,
(5) up to 50
				pounds 70 feet below the bottom.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter C - GEOPHYSICAL EXPLORATION › Section 05C .0121 - DETAILED PROVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When more than
				one shot is fired in the same hole and there is any reasonable doubt in the
				mind of either the seismic agent or the field manager of the party as to the
				legal depth of the hole after the shot is fired, the hole will be measured for
				depth before reloading to ascertain that it is the required depth in accordance
				with the table of charges and depth.
(b) All 2 x 2's used for survey lines must be
				clearly stamped with the name of the company using the stakes at approximately
				three-foot intervals.
(c) All holes
				drilled in geophysical operations in land areas must be filled, by the persons
				or agency drilling these holes, before leaving the location.
(d) No explosives shall be discharged within
				300 feet of any oyster reef or bed, including any state-owned natural reefs, or
				within 300 feet of any dock, pier, causeway or other fixed structure, without
				written permission signed by the owner and/or lessee of the reef or bed,
				approved by the department.
(e) All
				shot charges suspended in the water by floats shall be of such type and
				packaged in such manner that same will disintegrate and neutralize in the water
				within a short time, and any suspended charge which fails to discharge shall be
				immediately removed from the water if same can, in the opinion of the party
				chief or manager, be done without endangering the life of any member of the
				party, but, in no event, shall any such undischarged suspended charge be
				abandoned without destroying the floats attached thereto. Where inflated floats
				are used, all charges will be suspended from dual floats either of which will
				be capable of retaining the charge at the proper depth.
(f) Boats, marsh buggies or other types of
				marsh vehicles must be so used as to cause the minimum disturbance of an injury
				to lands, waterbottoms, and wildlife and fisheries thereon. All such vehicles
				shall be clearly painted or otherwise distinctively marked so as to be easily
				seen and identified.
(g) Agents
				assigned to seismic crews are to be employees of and under the supervision of
				the department.
(h) The department
				on request, will have access to all records, such as shot point location maps,
				shooters' logs and tracings, but only to the extent necessary to determine that
				all protective requirements have been complied with.
(i) The interpretation of these rules by the
				department will be accepted by the seismic operator and the seismic
				agent.
(j) The party chief will
				instruct the members of his party as to these rules, and to the duty and
				authority of the department and the seismic agent.
(k) The party chief will assist the seismic
				agent to fill out the required form by furnishing all necessary data.
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Readopted Eff. August 1,
				  1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter C - GEOPHYSICAL EXPLORATION › Section 05C .0122 - REPEALED - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Readopted Eff. August 1, 1982;
Repealed Eff.
				  August 1, 1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter C - GEOPHYSICAL EXPLORATION › Section 05C .0123 - POWERS OF SEISMIC AGENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The seismic agent has the right to stop any particular
				  shooting, if, in his opinion, it will violate the rules in this Subchapter, but
				  does not have the authority to shut down the entire exploration work. If, in
				  the opinion of the seismic agent, such violations continue, he will immediately
				  contact the department, and the members of the exploration party will assist
				  him to do this with all the facilities at their disposal.
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Readopted Eff. August 1,
				  1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter C - GEOPHYSICAL EXPLORATION › Section 05C .0124 - DUTIES OF PARTY CHIEF

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The party chief
				will furnish the department supervisor or his agent with transportation
				facilities to enable him to visit the working area, if required.
(b) The party chief is required to notify the
				department immediately if the seismic agent is not on the job, and will notify
				the department supervisor if it should become necessary to relieve an agent at
				any time. The department supervisor will arrange relief for the
				agent.
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Readopted Eff. August 1,
				  1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter C - GEOPHYSICAL EXPLORATION › Section 05C .0125 - RELEASE FROM THESE REGULATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
No seismic agent shall have the right to release any operator
				  from the obligations imposed by these rules. Exceptions may be granted by the
				  department only, after written application setting forth reasons for exception.
				  The release will designate the particular area and rule affected and the
				  procedure to be followed in lieu of the established rule.
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Readopted Eff. August 1,
				  1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter C - GEOPHYSICAL EXPLORATION › Section 05C .0126 - DUTIES OF OPERATORS

Current through Register Vol. 39, No. 2, July 15, 2024
All operators conducting seismic operations shall use
				  reasonable precaution in accordance with approved and accepted methods to
				  prevent destruction of, or injury to fish, oysters, shrimp, and other aquatic
				  life, wildlife, or other natural resources.
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Readopted Eff. August 1,
				  1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter C - GEOPHYSICAL EXPLORATION › Section 05C .0127-0128

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Readopted Eff. August 1, 1982;
Repealed Eff.
				  August 1, 1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter D - OIL AND GAS CONSERVATION › Section 05D .0101 - REPEALED - GENERAL PROVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Amended Eff. October 1, 1984; January 31, 1979;
Repealed Eff. March 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter D - OIL AND GAS CONSERVATION › Section 05D .0102 - REPEALED - PENALTIES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  113-391;
Eff. February 1,
				  1976;
Repealed Eff. August 1,
				  1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter D - OIL AND GAS CONSERVATION › Section 05D .0103-.0111

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  113-391;
				  113-395;
Eff.
				  February 1, 1976;
Amended Eff. August 1, 2012 (see S.L. 2012-143,
				  s.1.(f)); August 1, 1988; October 1, 1984; January 31, 1979;
Repealed Eff. March 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter E - DISPOSITION OF MINERAL DEPOSITS ON STATE LANDSUNDER WATER › Section 05E .0101-0105

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-10;
				  146-8;
Eff. February
				  1, 1976;
Repealed Eff. October 1,
				  1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter F - CIVIL PENALTIES › Section 05F .0101 - PURPOSE AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
These Rules set forth the procedures and standards to be
				  followed by the director in assessing civil penalties and by the Mining and
				  Energy Commission in hearing appeals from the assessment of such
				  penalties.
Authority
				  G.S.
				  74-61;
				  74-62;
				  74-63;
				  74-64;
				  143B-10;
Eff. May 1,
				  1982;
Amended Eff. August 1, 2012 (see S.L. 2012-143, s.1.(d));
				  November 1, 1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter F - CIVIL PENALTIES › Section 05F .0102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The terms used herein shall be as defined in
				  G.S.
				  74-49 as follows:
(1) "Director" means the Director, Division
				of Energy, Mineral, and Land Resources;
(2) "Regional Engineer", means any regional
				engineer of the Land Quality Section, Division of Energy, Mineral, and Land
				Resources; and
(3) "Mining and
				Energy Commission", means that body created by N.C.G.S.
				143B-290.
Authority
				  G.S.
				  74-61;
				  74-62;
				  74-63;
				  74-64;
				  143B-10;
Eff. May 1,
				  1982;
Amended Eff. August 1, 2012 (see S.L. 2012-143,
				  s.1.(d)).
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter F - CIVIL PENALTIES › Section 05F .0103 - WHO MAY ASSESS

Current through Register Vol. 39, No. 2, July 15, 2024
Civil penalties may be assessed by the
				  director.
Authority
				  G.S.
				  74-61;
				  74-62;
				  74-63;
				  74-64;
				  143B-10;
Eff. May 1,
				  1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter F - CIVIL PENALTIES › Section 05F .0104 - REPEALED - WHEN ASSESSABLE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  74-61;
				  74-62;
				  74-63;
				  74-64;
				  143B-10;
Eff. May 1,
				  1982;
Repealed Eff. November 1,
				  1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter F - CIVIL PENALTIES › Section 05F .0105 - CIVIL PENALTY FOR MINING WITHOUT A PERMIT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Prior to the assessment of any civil penalty for mining without a permit, the
				alleged violator shall be given notice by registered or certified mail, return
				receipt requested, signed by the regional engineer in the region in which the
				violation occurred. The notice shall describe the violation with reasonable
				particularity, order the violator immediately to cease mining until a valid
				operating permit has been obtained, and specify a time period reasonably
				calculated to permit the restoration of any disturbed area as deemed necessary
				by the regional engineer. The notice shall also state that a civil penalty may
				be assessed for any violation.
(b)
				In determining whether to assess a civil penalty for any violation committed
				prior or subsequent to receipt of the notice of violation, the director shall
				consider whether the violator ceased mining, restored the affected area, or
				otherwise complied with the requirements of the notice of violation and shall
				also consider the various criteria in Rule 5F .0007. The civil penalty
				assessment shall specify with reasonable particularity the violation(s) for
				which the penalty has been assessed and shall be transmitted to the violator by
				certified or registered mail, return receipt requested.
Authority
				  G.S.
				  74-60;
				  74-61;
				  74-63;
				  74-64;
				  143B-10;
Eff. May 1,
				  1982;
Amended Eff. December 1, 1988; November 1,
				  1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter F - CIVIL PENALTIES › Section 05F .0106 - CIVIL PENALTY FOR VIOLATING OPERATING PERMIT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Prior to the assessment of a civil penalty against a permitted operator for
				violating any provisions of the Mining Act of 1971, or any rules promulgated
				thereunder, or any conditions of his mining permit, the alleged violator or his
				agent shall be given notice by registered or certified mail, return receipt
				requested, signed by the director. The notice shall describe the violation with
				reasonable particularity and specify a time period reasonably calculated to
				permit the violator to correct the violation. The notice shall also state that
				civil penalties may be assessed against the alleged violator if he fails to
				correct the violation within the specified time.
(b) If the violator does not comply with the
				requirements of the notice of violation within the time period specified in the
				notice, the director may assess a civil penalty for any violation(s) committed
				after the date of receipt of the notice of violation. The civil penalty
				assessment shall specify with reasonable particularity the violation(s) for
				which the penalty has been assessed and shall be transmitted to the violator by
				certified or registered mail, return receipt requested.
Authority
				  G.S.
				  74-60;
				  74-61;
				  74-62;
				  74-63;
				  74-64;
				  143B-10;
Eff. May 1,
				  1982;
Amended Eff. November 1,
				  1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter F - CIVIL PENALTIES › Section 05F .0107 - CRITERIA FOR DETERMINING AMOUNT OF PENALTY

Current through Register Vol. 39, No. 2, July 15, 2024
In determining the amount of a civil penalty assessment, the
				  director shall consider the following criteria insofar as they are appropriate
				  to the violation:
(1) nature of the
				violation;
(2) degree and extent of
				the harm, including off-site damage;
(3) duration of the violation;
(4) cause of the violation;
(5) cost of compliance and rectifying any
				harm or damage;
(6) violator's
				previous record of compliance with the Mining Act, or any rules promulgated
				thereunder, or any mining permit issued to the violator;
(7) staff investigative costs; and
(8) effectiveness of any action taken by the
				operator.
Authority
				  G.S.
				  74-61;
				  74-62;
				  74-63;
				  74-64;
				  143B-10;
Eff. May 1,
				  1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter F - CIVIL PENALTIES › Section 05F .0108 - ADMINISTRATIVE REMEDIES

Current through Register Vol. 39, No. 2, July 15, 2024
Within 60 days after receipt of notification of any civil
				  penalty assessment, the person against whom the civil penalty is assessed may
				  contest the decision of the department by filing a petition as described in
				  G.S.
				  74-61 and
				  G.S.
				  150B-23.
Authority
				  G.S.
				  74-61;
				  74-62;
				  74-63;
				  74-64;
				  143B-10;
Eff. May 1,
				  1982;
Amended Eff. August 1,
				  1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter F - CIVIL PENALTIES › Section 05F .0109 - HEARING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The final
				decision for purposes of judicial review under
				G.S.
				74-61 shall be made by a majority vote of a
				quorum of the Mining and Energy Commission.
(b) All hearings shall be conducted in
				accordance with the departmental hearing procedures in
				15A NCAC
				01B .0200 et seq., and Chapter 150B of the
				General Statutes.
Authority
				  G.S.
				  74-61;
				  74-62;
				  74-63;
				  143B-10;
				  150B-23;
Eff. May 1,
				  1982;
Amended Eff. August 1, 2012 (see S.L 2012-143, s.1. (d));
				  August 1, 1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter F - CIVIL PENALTIES › Section 05F .0110 - TENDERS OF PAYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
The director shall accept and acknowledge all tenders of
				  payment.
Authority
				  G.S.
				  74-61;
				  74-62;
				  74-63;
				  74-64;
				  143B-10;
Eff. May 1,
				  1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter F - CIVIL PENALTIES › Section 05F .0111 - REFERRAL TO ATTORNEY GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If
				the person against whom a civil penalty is assessed, fails to respond within 60
				days as provided in Rule .0008, the director shall refer the matter to the
				Attorney General to recover the amount of the civil penalty.
(b) If payment of any civil penalty assessed
				pursuant to the rules of this Subchapter is not received by the director within
				30 days following denial of any appeal pursuant to
				G. S.
				74-61 and
				G. S.
				74-62, the director shall refer the matter to
				the Attorney General to recover the amount of the civil penalty.
Authority
				  G.S.
				  74-61;
				  74-62;
				  74-63;
				  74-64;
				  143B-10;
Eff. May 1,
				  1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter F - CIVIL PENALTIES › Section 05F .0112 - FURTHER REMEDIES

Current through Register Vol. 39, No. 2, July 15, 2024
No provision of this Subchapter shall be construed to
				  restrict or impair the right of the director or the Mining and Energy
				  Commission to pursue any other remedy provided by law for violations of the
				  Mining Act of 1971 or the rules of this Chapter.
Authority
				  G.S.
				  74-61;
				  74-62;
				  74-63;
				  74-64;
				  143B-10;
Eff. May 1,
				  1982;
Amended Eff. August 1, 2012 (see S.L. 2012-143, s.1.
				  (d)).
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter G - URANIUM EXPLORATION REGULATIONS › Section 05G .0101 - REPEALED - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-290(1)(e);
				  74-75 through
				  74-89;
Eff. December
				  1, 1983;
Repealed Eff. August 1,
				  1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter G - URANIUM EXPLORATION REGULATIONS › Section 05G .0102 - REPEALED - ACTIVITIES REQUIRING PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  74-76;
				  74-77;
Eff. December
				  1, 1983;
Repealed Eff. November 1,
				  1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter G - URANIUM EXPLORATION REGULATIONS › Section 05G .0103 - PROCEDURES FOR OBTAINING PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
The application for and issuance of exploration permits is
				  governed by the procedures in this Subchapter.
Authority
				  G.S.
				  74-77 through
				  74-89;
Eff. December
				  1, 1983.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter G - URANIUM EXPLORATION REGULATIONS › Section 05G .0104 - ABANDONMENT PLAN: BONDING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) After reviewing an application, the
				department shall determine whether it should be approved and notify the
				applicant of its determination. No application shall be approved unless it
				contains an abandonment plan acceptable to the department. If the application
				is approved, the department will determine the amount of the performance bond
				that will be required and issue to the applicant a bond form to be used in
				securing the bond. A person shall not engage in exploration activity for the
				discovery of uranium until a bond in the required amount has been filed with
				the department and an exploration permit has been issued.
(b) The amount of the bond that will be
				required is to be determined as follows:
(1)
				The applicant shall provide the department with an estimate of the total length
				of the vehicular access roads which will involve the cutting of vegetation
				and/or grading and of the number of exploratory drill holes and test
				pits;
(2) The minimum amount of any
				bond shall be five thousand dollars ($5,000.00). In addition to the minimum
				bond amount of five thousand dollars ($5,000.00), an additional bond amount
				shall be required at the rate of two dollars ($2.00) per each linear foot of
				vehicular access road and of two hundred dollars ($200.00) per each exploratory
				drill hole or test pit; and
(3) If
				the department determines that the amount of the bond required under
				Subparagraph (b)(2) of this Rule is either excessive or inadequate due to
				specific site conditions, the department may negotiate a different bond amount
				that will assure adequate abandonment in the event of bond
				forfeiture.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter G - URANIUM EXPLORATION REGULATIONS › Section 05G .0105 - DRILLING: CASING: TESTING AND ABANDONMENT

Current through Register Vol. 39, No. 2, July 15, 2024
The methods and procedures utilized in drilling, casing,
				  testing and abandonment shall be in accordance with the requirements of Title
				  15A NCAC Subchapter 2C, Section .0100, Criteria and Standards Applicable to
				  Water Supply and Certain Other Type Wells.
Authority
				  G.S.
				  74-78;
				  74-86;
				  143B-290;
Eff.
				  December 1, 1983.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0100 - TERMS OF REFERENCE › Section 05H .0101 - PURPOSE AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules of this Subchapter regulate the management of oil
					 or gas exploration and development to protect public health, welfare, and the
					 environment.
Authority
					 G.S.
					 113-391(a);
Eff.
					 March 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0100 - TERMS OF REFERENCE › Section 05H .0102 - TERMS OF REFERENCE AND DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The terms as used in this Subchapter shall have the
					 definitions as specified in
					 G.S.
					 113-389. In addition, the following terms
					 shall have the following meaning:
(1)
				  "7Q10," when used in reference to surface water, refers to the minimum average
				  flow for a period of seven consecutive days that has an average occurrence of
				  once in 10 years.
(2) "Abandon"
				  means to temporarily or permanently cease production from an oil or gas well or
				  to cease further drilling operations.
(3) "Additive(s)" means any chemical
				  substance or mixture of substances.
(4) "Affected reach" means the portion of a
				  stream channel where the hydrology may be significantly affected by the
				  cumulative effects of the proposed water withdrawal in combination with
				  existing water withdrawals and point source discharges.
(5) "Annular flow" means the flow of
				  formation fluids from the formation into a space or pathway in an "annulus"
				  within an oil or gas well.
(6)
				  "Annulus" means the space around a pipe in a wellbore, sometimes termed the
				  annular space.
(7) "API number"
				  means the unique and permanent, American Petroleum Institute numeric identifier
				  assigned by the North Carolina Geological Survey to each well drilled for oil
				  or gas production.
(8) "Applicant"
				  means the person who submits an Oil or Gas Well Permit Application.
(9) "Barrel" means 42 U.S. gallons at 60°
				  F at atmospheric pressure.
(10)
				  "Blowout" means an uncontrolled flow of gas, oil, or other wellbore fluids from
				  the oil or gas well.
(11) "Blowout
				  preventer (BOP)" means one or more valves installed at the wellhead to prevent
				  the escape of pressure from the annular space or the escape of pressure from
				  the wellbore:
(a) "Annular blowout preventer"
				  means a large valve that forms a seal in the annular space between the pipe and
				  wellbore.
(b) "Shear ram blowout
				  preventer" means a closing element fitted with hardened tool steel blades
				  designed to cut the drill pipe when closed.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0200 - ADMINISTRATIVE RULES › Section 05H .0201 - FORMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An applicant or permittee shall use the
				  following forms, as provided by the Department:
(1) Form 1 - Financial Responsibility
				  Ownership;
(2) Form 2 - Oil or Gas
				  Well Permit Application;
(3) Form 3
				  - Well Construction Design;
(4)
				  Form 4 - Water Management Plan;
(5)
				  Form 5 - Waste Management Plan;
(6)
				  Form 6 - Well Site Reclamation Plan;
(7) Form 7 - Irrevocable Letter of Standby
				  Credit;
(8) Form 8 - Surety
				  Bond;
(9) Form 9 - Assignment of
				  Savings;
(10) Form 10 - Cash
				  Deposit;
(11) Form 11 - Required
				  Notifications to the Department;
(12) Form 12 - Well Drilling
				  Report;
(13) Form 14 - Plugging and
				  Abandonment;
(14) Form 15 - Oil or
				  Gas Well Status;
(15) Form 16 -
				  Mechanical Integrity Test Results;
(16) Form 17 - Notification of Return of Oil
				  or Gas Well to Active Status;
(17)
				  Form 18 - Well Stimulation Report;
(18) Form 19 - Chemical Disclosure
				  Report;
(19) Form 20 - Confidential
				  Information Claim;
(20) Form 21 -
				  Water Supply Investigation Request;
(21) Form 22 - Water Supply Testing
				  Report;
(22) Form 23 - Annual Water
				  Use Report;
(23) Form 24 - Annual E
				  & P Waste Management Report;
(24) Form 25 - Pit Closure Report;
(25) Form 26 - Spill and Release
				  Report;
(26) Form 27 - Site
				  Investigation and Remediation Work Plan;
(27) Form 28 - Monthly Production Report;
				  and
(28) Form 29 - Well Site
				  Inspection Report.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0200 - ADMINISTRATIVE RULES › Section 05H .0202 - RECORD KEEPING & REPORTING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Department shall collect data, retain records, and produce reports pursuant
				  to G.S.
				  113-391(b).
(b) If information collected during
				  predrilling exploration activities or geophysical surveys related to oil or gas
				  exploration and development is of a confidential nature, then upon request of
				  the permittee, the State Geologist shall hold such information in confidence
				  until the information is no longer confidential in accordance with Rule .0707
				  of this Subchapter.
(c) The
				  permittee shall retain all data, records, reports, logs, and samples associated
				  with oil or gas well drilling, completion, production, and plugging and
				  abandonment until released to the Department. The permittee shall transfer all
				  records or copies within five years of the release of an Oil or Gas Permit in
				  accordance with Rule .1314 of this Subchapter to the State Geologist for
				  permanent public record retention.
Authority
					 G.S.
					 113-391(a)(5)(k);
					 113-391(b);
					 113-391(b1);
Eff. March 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0200 - ADMINISTRATIVE RULES › Section 05H .0203 - INSPECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each permittee
				  shall make available to the Department for inspection the well site, any other
				  area encompassed by the permit, and any records maintained pursuant to the
				  provisions of this Subchapter.
(b)
				  Authorized representatives of the Department may copy any record required to be
				  kept pursuant to provisions of this Subchapter.
(c) Any notice of violation resulting from an
				  inspection shall be issued pursuant to Rule .0901 of this Subchapter.
Authority
					 G.S.
					 113-391(b);
Eff.
					 March 17, 2015.