Mining Program

Application Forms and Checklists

Regulatory Authority

N.C. Mining Act of 1971 - G.S. 74, Article 7
Note: This copy of the state Mining Act does not reflect changes enacted during the 2017 legislative session. Please see below for more information on the 2017 changes.

Mine Permit Changes 2017

During the 2017 session of the N.C. General Assembly, an amendment was made to the N.C. Mining Act of 1971, which affects the permit term of existing mining permits. Pursuant to the passage of House Bill 56 that became law on Oct. 4, 2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of the site or lease term.
 
The state Division of Energy, Mineral and Land Resources plans to issue mining permit modification letters to all existing mining permit holders notifying them that the letter shall serve to modify the existing mining permit to remove all references to the prior expiration date, and to convert any existing permit to a life of site or lease permit effective immediately. The division will require each permit holder to attach this letter to the existing mining permit for future reference. The mine name and permit number on the permit document, and all existing operating and reclamation conditions contained therein, shall remain in full force and effect. Furthermore, all provisions of GS 74-51 and GS 74-52 still apply for new, transferred and modified mining permits.
 
In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining permit operating fee of $400 per mining permit number. By law, the initial payment of this annual $400 fee must be submitted to the Division of Energy, Mineral and Land Resources by Dec. 31, 2017. Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year, with the required Annual Reclamation Report as required by GS 74-55. Failure to submit the fee by the required deadline will result in a $50 per month late fee and could result in the denial of future permit actions and/or revocation of a mining permit. The division will be contacting all existing mining permit holders in the near future to request payment of the initial annual fee that is due by Dec. 31, 2017.
 
Lastly, pursuant to GS 74-54, the cap on reclamation bonds has been raised from $500,000 to $1 million. Any adjustments needed in existing bonds will be initiated by this office or addressed during the next requested permit action unless you contact this office with a written request to have your bond reevaluated.