North Carolina Administrative Code

15A NCAC 04B .0123 EFFECTIVE DATE History Note: Authority G.S. 113A-54(b); Eff. February 1, 1976; Amended Eff. November 1, 1984; November 15, 1976; Repealed Eff. August 1, 1988.

15A NCAC 04B .0124 DESIGN STANDARDS IN SENSITIVE WATERSHEDS (a) Uncovered areas in HQW zones shall be limited to a maximum total area of 20 acres within the boundaries of the tract. Only the land-disturbing activity within a HQW zone shall be governed by this Rule. Larger areas m…

15A NCAC 04B .0125 BUFFER ZONE REQUIREMENTS (a) The width of a buffer zone shall be measured from the edge of the water to the nearest edge of the disturbed area, with the 25 percent of the strip nearer the land-disturbing activity containing natural or artificial means of confin…

15a ncac 04b .0126 APPLICATION FEE (a) The nonrefundable application fee, in the amount provided in G.S. 113A-54.2, shall be paid when an erosion and sedimentation control plan is filed in accordance with Rule .0118 of this Section. (b) Each plan shall be deemed incomplete until …

15A NCAC 04B .0127 CERTIFICATE of Plan approval (a) The Commission shall issue a certificate of plan approval to the applicant by hard copy or electronic submittal. Before construction begins, that documentation shall be posted at the primary entrance of the job site or other loc…

15A NCAC 04B .0128 RAILROAD COMPANIES History Note: Authority G.S. 113A-52(6); 113A-54(b); 113A-54(c); 113A-54(d)(4); 113A-57(1); Eff. August 1, 1995; Expired Eff. March 1, 2016 pursuant to G.S. 150B-21.3A.

15A NCAC 04B .0129 EROSION CONTROL PLAN EXPIRATION DATE If no land-disturbing activity has been undertaken on a site, an erosion control plan shall expire three years following the date of approval. History Note: Authority G.S. 113A-54.1(a); Eff. October 1, 1995; Readopted Eff. A…

15A NCAC 04B .0130 EMERGENCIES Any person who conducts an emergency repair essential to protect human life that results in a land-disturbing activity within the meaning of G.S. 113A-52(6) and these Rules shall take the following actions: (1) notify the Director, or his or her des…

15A NCAC 04B .0131 SELF-INSPECTIONS All land-disturbing activities required to have an approved erosion and sedimentation control plan under G.S. 113A-54.1(e) shall conduct self-inspections for initial installation or modification of any erosion and sedimentation control devices …

15A NCAC 04B .0132 Design Standards for the Upper Neuse River Basin (Falls Lake Watershed) In addition to any other requirements of State, federal, and local law, land-disturbing activity in the watershed of the drinking water supply reservoir that meets the applicability require…

_ SUBCHAPTER 4C - SEDIMENTATION CONTROL CIVIL PENALTIES 15A NCAC 04C .0101 PURPOSE AND SCOPE History Note: Authority G.S. 113A-54(b); 113A-64(a); Eff. February 1, 1976; Amended Eff. November 1, 1984; October 5, 1980; Repealed Eff. August 1, 1988.

15A NCAC 04C .0102 DEFINITIONS History Note: Authority G.S. 143B-10; Eff. February 1, 1976; Amended Eff. January 31, 1979; September 3, 1976; Repealed Eff. November 1, 1984.

15A NCAC 04C .0103 WHO MAY ASSESS History Note: Authority G.S. 113A-55; 113A-64; 143B-10; Eff. February 1, 1976; Amended Eff. November 1, 1984; Repealed Eff. June 1, 2020.

15A NCAC 04C .0104 WHEN ASSESSABLE History Note: Authority G.S. 113A-64; Eff. February 1, 1976; Amended Eff. November 1, 1984; Repealed Eff. August 1, 1988.

15A NCAC 04C .0105 AMOUNT OF ASSESSMENT History Note: Authority G.S. 113A-64; Eff. February 1, 1976; Repealed Eff. November 1, 1984.

15A NCAC 04C .0106 CRITERIA History Note: Authority G.S. 113A-54(b); 113A-55; 113A-64(a); Eff. February 1, 1976; Amended Eff. November 1, 1984; April 1, 1978; Repealed Eff. June 1, 2020.

15A NCAC 04C .0107 PROCEDURES: NOTICES (a) The notice of violation shall describe the violation, request that all illegal activity cease, and inform the violator that a civil penalty may be assessed pursuant to G.S. 113A-64. If particular actions need to be taken to comply with t…

15A NCAC 04C .0108 REQUESTS FOR ADMINISTRATIVE HEARING History Note: Authority G.S. 113A-64; 143B-10; 150B-23; Eff. February 1, 1976; Amended Eff. October 1, 1995; October 1, 1988; October 5, 1980; April 1, 1978; Repealed Eff. April 1, 2020.

15A NCAC 04C .0109 TENDER OF PAYMENT History Note: Authority G.S. 113A-55; 143B-10; Eff. February 1, 1976; Amended Eff. October 5, 1980; April 1, 1978; Expired Eff. March 1, 2016 pursuant to G.S. 150B-21.3A.

SUBCHAPTER 4D - LOCAL ORDINANCES 15A NCAC 04D .0101 SUBMISSION AND APPROVAL OF PROPOSED LOCAL ORDINANCES History Note: Authority G.S. 113A-54; 113A-60; Eff. February 1, 1976; Repealed Eff. August 1, 1988.

15A NCAC 04D .0102 MODEL ORDINANCE History Note: Authority G.S. 113A-54(d); 113A-60; Eff. February 1, 1976; Amended Eff. March 14, 1980; February 23, 1979; Summary Rule Filed January 26, 1982; Amended Eff. October 1, 1995; May 1, 1990; August 1, 1988; November 1, 1984; Repealed E…

15A NCAC 04D .0103 REVISIONS TO APPROVED LOCAL ORDINANCES History Note: Authority G.S. 113A-54(d); 113A-60; Eff. May 1, 1990; Amended Eff. January 4, 1993; Repealed Eff. October 1, 1995.

15A NCAC 04E .0103 ADDRESS History Note: Authority G.S. 113A-54; Eff. March 14, 1980; Repealed Eff. November 1, 1984.

15A NCAC 04E .0104 COPIES OF RULES (a) Copies of Commission rules may be requested by contacting the Commission's staff at the Archdale building address set forth in 15A NCAC 04A .0101. The request shall specify the rules requested, for example, 15A NCAC 04, Sedimentation Control…

15A NCAC 04E .0105 DELEGATIONS OF AUTHORITY TO THE DIRECTOR History Note: Authority G.S. 113A-54; 113A-55; 150B; Eff. March 14, 1980; Amended Eff. November 1, 1984; June 5, 1981; Repealed Eff. August 1, 1988.

SECTION .0200 - PETITIONS FOR RULEMAKING 15A NCAC 04E .0201 FORM AND CONTENT OF PETITION (a) Any person wishing to request the adoption, amendment, or repeal of a rule of the Commission shall make the request in a petition to the Commission addressed to the: Director Division of …

15A NCAC 04E .0202 CONTENTS OF PETITION History Note: Authority G.S. 113A-54; 150B-16; Eff. March 14, 1980; Repealed Eff. November 1, 1984.

15A NCAC 04E .0203 DISPOSITION OF PETITIONS History Note: Authority G.S. 113A-54; 113A-55; 150B-16; Eff. March 14, 1980; Amended Eff. August 1, 1988; November 1, 1984; June 5, 1981; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2…

SECTION .0300 - NOTICE OF RULEMAKING HEARINGS 15A NCAC 04E .0301 TIMING OF NOTICE History Note: Authority G.S. 113A-54; 150B-12; Eff. March 14, 1980; Repealed Eff. November 1, 1984.

15A NCAC 04E .0302 NOTICE MAILING LIST History Note: Authority G.S. 113A-54; 150B-12(b); Eff. March 14, 1980; Amended Eff. November 1, 1984; Repealed Eff. August 1, 1988.

15A NCAC 04E .0303 ADDITIONAL INFORMATION History Note: Authority G.S. 113A-54; 150B-12; Eff. March 14, 1980; Repealed Eff. November 1, 1984.

15A NCAC 04E .0403 WRITTEN SUBMISSIONS History Note: Authority G.S. 113A-54; 150B-12(e); Eff. March 14, 1980; Amended Eff. June 5, 1981; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016; Repealed Eff. April 1, 2020.

15A NCAC 04E .0404 PRESIDING OFFICER: POWERS AND DUTIES History Note: Authority G.S. 113A-54; 150B-12; Eff. March 14, 1980; Repealed Eff. November 1, 1984.

SECTION .0500 - DECLARATORY RULINGS 15A NCAC 04E .0501 DECLARATORY RULINGS: GENERALLY At the request of any person aggrieved, as defined in G.S. 150B-2(6), the Sedimentation Control Commission may issue a declaratory ruling as provided in G.S. 150B-4 and the rules of this Section…

15A NCAC 04E .0502 PROCEDURE FOR REQUESTING DECLARATORY RULINGS (a) All requests for a declaratory ruling shall be filed with the Director, Division of Energy, Mineral, and Land Resources, Department of Environmental Quality, 1612 Mail Service Center, Raleigh, NC 27699-1612. (b) …

15A NCAC 04E .0503 DISPOSITION OF REQUEST (a) The Commission Chairman shall make a determination on the completeness of the request for declaratory ruling based on the requirements of Rule .0502 of this Section, and the Chairman shall make a recommendation to the Commission on wh…

15A NCAC 04E .0504 RECORD OF DECISION History Note: Authority G.S. 113A-54; 150B-11; Eff. March 14, 1980; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016; Repealed Eff. April 1, 2020.

CHAPTER 05 - MINING: MINERAL RESOURCES This Chapter, 15A NCAC 05, MINING: MINERAL RESOURCES; was transferred and recodified from 15 NCAC 05 effective November 1, 1989. The recodification was pursuant to G.S. 143B-279.1. SUBCHAPTER 05A - ORGANIZATION AND ADMINISTRATION SECTION .01…

15A NCAC 05A .0102 GENERAL PURPOSES History Note: Authority G.S. 74-38; 74-61; 74-84; 74-86; 143B-290; Eff. February 1, 1976; Readopted Eff. August 1, 1982; Amended Eff. November 1, 1984; December 1, 1983; Repealed Eff. August 1, 1988.

15A NCAC 05A .0103 STRUCTURE History Note: Authority G.S. 143B-291; Eff. February 1, 1976; Readopted Eff. August 1, 1982; Repealed Eff. November 1, 1984.

SECTION .0200 - ADMINISTRATION 15A NCAC 05A .0201 DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT History Note: Authority G.S. 74-50 through 74-60; 74-64; 74-68; 74-77 through 74-85; 74-87; Eff. February 1, 1976; Readopted Eff. August 1, 1982; Amended Eff. December 1, 1…

15A NCAC 05A .0202 DELEGATION (a) The Director, Division of Energy, Mineral, and Land Resources, Department of Environment, Health, and Natural Resources, shall have the following powers and duties with regard to the administration of the Mining Act of 1971: (1) the issuance, den…

15A NCAC 05B .0103 BONDING REQUIREMENTS (a) After an application for a new mining permit or permit renewal, modification, or transfer is considered approvable by the Department, an applicant or permittee must file a bond with the Department in an amount to be determined by the Di…

15A NCAC 05B .0104 INFORMATION REQUIRED IN PERMIT APPLICATION (a) The completed application for the mining permit shall include information concerning the mining operation and a reclamation plan for the restoration of all affected land. Information required concerning the mining …

15A NCAC 05B .0105 CONDITIONS WHICH MAY BE INCLUDED IN PERMIT To assure that the operation will comply fully with the requirements and objectives of the Mining Act of 1971, the director may approve an application or reclamation plan subject to certain conditions. Such conditions …

15A NCAC 05B .0106 STANDARDS FOR DENYING AN APPLICATION An application for a mining permit including new permits, modified permits and renewal permits, may be denied when the operation will have an unduly adverse effect on wildlife or fisheries by: (1) substantial siltation of st…

15A NCAC 05B .0110 MINING RECLAMATION REPORTS The mine operator shall, by February 1 of each year during the life of the permitted operation, and within 30 days of completion or termination of mining on an area under permit, file with the department a mining reclamation report on…

15A NCAC 05B .0111 PUBLIC HEARINGS (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…

15A NCAC 05B .0112 PERMIT APPLICATION PROCESSING FEES (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, i…

15A NCAC 05B .0113 RESPONSE DEADLINE TO DEPARTMENT'S REQUEST(S) 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 Departm…