North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter B - PERMITTING AND REPORTING › Section 05B .0112 - PERMIT APPLICATION PROCESSING FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				non-refundable permit application processing fee, in the amounts stated in
				Paragraphs (b), (c) and (d) of this Rule, shall be paid when an application for
				a new mining permit, a permit modification or a renewal permit, is filed in
				accordance with
				G.S.
				74-51 or
				G.S.
				74-52 and
				15A NCAC
				05B .0003,
				05B .0004, and .0005.
(b) A non-refundable fifty dollar ($50.00)
				permit application processing fee is required for minor permit modifications.
				Minor permit modifications include administrative changes such as ownership
				transfers, name changes, and bond substitutions. A minor permit modification
				also includes lands added to a permitted area, outside of the minimum permit
				buffer zone requirements, where no plans for mining related disturbance of the
				added lands have been approved. All other changes to the permit are major
				modifications. No fee is required for administrative changes initiated by the
				Director to correct processing errors, to change permit conditions or to
				implement new standards.
(c) A
				non-refundable fifty dollar ($50.00) permit application processing fee is
				required for permit renewal of an inactive site, provided that any previously
				disturbed areas have been reclaimed in a manner acceptable to the Department.
				Once renewed, prior to initiating any mining related disturbance, an
				application for a major modification and a processing fee shall be submitted to
				and approved by the Department. For purposes of this Paragraph, and
				notwithstanding Paragraph (d) of this Rule, the acreage for a major
				modification shall be the total acreage at the site. All other modifications to
				the renewed permit shall be governed by Paragraphs (b) and (d) of this
				Rule.
(d) For the purposes of this
				Rule, acres for new permits and renewal permits means the total acreage at the
				site; and acres for major modification of permits means that area of land
				affected by the modification within the permitted mine area, or any additional
				land that is to be disturbed and added to an existing permitted area, or both.
				Each permit application shall be deemed incomplete until the permit application
				processing fee is paid. Schedule of Fees:
MAJOR
TYPE
ACRES
NEW PERMIT
MODIFICATION
RENEWAL
CLAY
1 but less than 25
$ 500
$ 250
$ 250
25 but less than 50
1000
500
500
50 or more
1500
500
500
SAND & GRAVEL, GEMSTONE AND BORROW
							 PITS
1 but less than 5
150
100
100
5 but less than 25
250
100
100
25 but less than 50
500
250
500
50 or more
1000
500
500
QUARRY, INDUSTRIAL MINERALS, DIMENSION
							 STONE
1 but less than 10
250
100
100
10 but less than 25
1000
250
500
25 but less than 50
1500
500
500
50 or more
2500
500
500
PEAT & PHOSPHATE GOLD (HEAP LEACH), TITANIUM
							 & OTHERS
1 or more
2500
500
500
1 or more
2500
500
500
(e)
				Payment of the permit application processing fee shall be by check or money
				order made payable to the "N.C. Department of Environment, Health, and Natural
				Resources". The payment shall refer to the new permit, permit modification or
				permit renewal.
(f) In order to
				comply with the limit on fees set forth in
				G.S.
				143B-290(4)b, the Director
				shall, in the first half of each state fiscal year, project revenues for the
				fiscal year from fees collected pursuant to this Rule. If this projection shows
				that the statutory limit will be exceeded, the Director shall order a pro rata
				reduction in the fee schedule for the remainder of the fiscal year to avoid
				revenue collection in excess of the statutory limits.
Filed as a Temporary
				  Rule Eff. November 1, 1990, for a Period of 180 Days to Expire on April 29,
				  1991;
Authority
				  G.S.
				  143B-290;
ARRC Objection Lodged
				  November 14, 1990;
ARRC Objection Removed December 20,
				  1990;
Eff. January 1, 1991;
Amended Eff. December 1,
				  1991.