Part 933, North Carolina
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Subchapter T Part 933, North Carolina |
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SUBCHAPTER T -- PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN
EACH STATE
PART 933 -- NORTH CAROLINA
Sec.
933.700 North Carolina Federal Program
933.701 General
933.702 Exemption for coal extraction incidental to the extraction of other minerals
933.707 Exemption for coal extraction incident to government-financed highway or other construction
933.761 Areas designated unsuitable for surface coal mining by Act of Congress
933.762 Criteria for designating areas as unsuitable for surface coal mining operations
933.764 Process for designating areas unsuitable for surface coal mining operations
933.772 Requirements for coal exploration
933.773 Requirements for permits and permit processing
933.774 Revision; renewal; and transfer, assignment, or sale of permit rights
933.775 Administrative and judicial review of decisions
933.777 General content requirements for permit applications
933.778 Permit applications Minimum requirements for legal, financial, compliance, and related
information
933.779 Surface mining permit applications Minimum requirements for information on environmental
resources
933.780 Surface mining permit applications Minimum requirements for reclamation and operation plan
933.783 Underground mining permit applications Minimum requirements for information on
environmental resources
933.784 Underground mining permit applications Minimum requirements for reclamation and operation
plan
933.785 Requirements for permits for special categories of mining
933.795 Small operator assistance program
933.800 General requirements for bonding of surface coal mining and reclamation operations
933.815 Performance standards Coal exploration
933.816 Performance standards Surface mining activities
933.817 Performance standards Underground mining activities
933.819 Special performance standards Auger mining
933.822 Special performance standards Operations in alluvial valley floors
933.823 Special performance standards Operations on prime farmland
933.824 Special performance standards Mountaintop removal
933.827 Special performance standards Coal preparation plants not located within the permit area of a
mine
933.828 Special performance standards In situ processing
933.842 Federal inspections
933.843 Federal enforcement
933.845 Civil penalties
933.846 Individual civil penalties
933.955 Certification of blasters.
AUTHORITY: Pub. L. 95-87, 30 U.S.C. 1201 et seq.; and Pub. L. 100-34.
SOURCE: 48 FR 30302, June 30, 1983, unless otherwise noted.
[For the list of Final Rules affecting these sections, as published in the Federal Register, see
"Regulation History - Changes to the Regulations Parts 900-955, 3/13/79 - 6/30/00".]
30 CFR Sec. 933.700 North Carolina Federal program.
(a) This part contains all rules that are applicable to surface coal mining operations in North Carolina which have
been adopted under the Surface Mining Control and Reclamation Act of 1977.
(b) The rules in this part cross-reference pertinent parts of the permanent program regulations in this chapter. The
full text of a rule is in the permanent program rule cited under the relevant section of the North Carolina Federal
program.
( c) The rules in this part apply to all surface coal mining operations in North Carolina conducted on non-Federal
and non-Indian lands. The rules in Subchapter D of this chapter apply to operations on Federal lands in North
Carolina.
(d) The information collection requirements contained in this part do not require approval by the Office of
Management and Budget under 44 U.S.C. 3507 because there are fewer than ten respondents annually.
(e) The following provisions of North Carolina laws and regulations provide, where applicable, for more stringent
environmental control and regulation of some aspects of surface coal mining operations than do the provisions of the
Act and the regulations in this chapter. Therefore, pursuant to section 505(b) of the Act, they shall not be construed
to be inconsistent with the Act unless in a particular instance the rules in this chapter are found by OSM to establish
more stringent environmental controls.
(1) North Carolina General Statute (NCGS) 74-51, concerning conditions under which a mining permit may be
granted, authorized the North Carolina Department of Natural Resources and Community Development to deny a
permit for a mining operation which will have a significantly adverse effect on the purposes of a publicly owned
park, forest, or recreation area and may condition permit approval on a requirement of visual screening, vegetative or
otherwise, so as to screen the view of the operation from public highways, public parks, or residential areas where
the Department finds such screening to be feasible and desirable, or determines that such screening measures are
either not feasible or not desirable.
(2) North Carolina mining laws and regulations apply to mining operations affecting an area greater than one acre.
To the extent that North Carolina mining law and regulations cited in paragraph (f) of this section apply to coal
mining operations not regulated by the Surface Mining Control and Reclamation Act, they are not preempted by this
Federal program for North Carolina.
(3) North Carolina Dam Safety Law of 1967, North Carolina General Statutes (NCGS) 143-215.23 through 143-
215.37.
(4) Geophysical Exploration regulations, Title 15, North Carolina Administrative Code, Subchapter 5C, applies to
any coal exploration involving the use of explosives.
(f) The following are North Carolina laws and regulations that generally interfere with the achievement of the
purposes and requirements of the Act and are, in accordance with section 504(g) of the Act, preempted and
superseded to the extent that they regulate coal exploration or surface coal mining and reclamation operations
regulated by the Surface Mining Control and Reclamation Act. Other North Carolina laws may interfere with the
achievement of the proposes of goals of the Act in an individual situation, and may be preempted and superseded as
they affect a particular coal exploration or surface mining operation by publication of the notice to that effect in the
Federal Register.
(1) North Carolina Mining Act of 1971, as amended, NCGS 74-46 through 74-68, except to the extent that the
Mining Act is preserved as provided in paragraph (e) of this section.
(2) Title 15, North Carolina Administrative Code, Subchapters 5A, 5B, and 5F Mining and Mineral Resources,
except to the extent that those regulations are preserved as provided in paragraph (e) of this section.
(g) The Secretary may grant a limited variance from the performance standards of Secs. 933.815 through 933.828
of this part if the applicant for coal exploration approval or a surface mining permit submitted pursuant to Secs.
933.772 through 933.785 demonstrates in the application that: (1) Such variance is necessary because of the unique
nature of North Carolina's terrain, climate, biological, chemical, or other relevant physical conditions; and (2) the
proposed alternative will achieve equal or greater environmental protection than does the performance requirement
from which the variance is requested.
[48 FR 30302, June 30, 1983, as amended at 52 FR 13811, Apr. 24, 1987]
30 CFR Sec. 933.701 General.
Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and part 701 of this chapter shall apply to surface coal
mining and reclamation operations in North Carolina.
30 CFR Sec. 933.702 Exemption for coal extraction incidental to the extraction of other minerals.
Part 702 of this chapter, Exemption for Coal Extraction Incidental to the Extraction of Other Minerals, shall apply
to any person who conducts coal extraction incidental to the extraction of other minerals for purposes of commercial
use or sale.
[54 FR 52123, Dec. 20, 1989]
30 CFR Sec. 933.707 Exemption for Coal Extraction Incident to government-financed highway or other
construction.
Part 707 of this chapter, Exemption for Coal Extraction Incident to Government-Financed Highway or Other
Construction, shall apply to surface coal mining and reclamation operations.
30 CFR Sec. 933.761 Areas designated unsuitable for surface coal mining by Act of Congress.
Part 761 of this chapter, Areas Designated Unsuitable for Coal Mining by Act of Congress, with the exception of
Secs. 761.11( c) and 761.12(f)(1), shall apply to surface coal mining and reclamation operations, beginning one year
after the effective date of this program. For the purposes of part 933, the following Secs. 761.11( c) and 761.12(f)(1)
shall replace the existing Secs. 761.11( c) and 761.12(f)(1).
( c) On any lands which will adversely affect any publicly owned park, forest, recreation area, or any places
included on, or eligible for listing on, the National Register of Historic Places, unless approved jointly by the
regulatory authority and the Federal, State, or local agency with jurisdiction over the park, forest, recreation area, or
places;
(f)(1) Where the proposed surface coal mining operation may adversely affect any public park, forest, recreation
area, or any places included on, or eligible for listing on, the National Register of Historic Places, the regulatory
authority shall transmit to the Federal, State, or local agencies with jurisdiction over, or a statutory or regulatory
responsibility for, the park, forest, recreation area, or historic place a copy of the completed permit application
containing the following:
(i) A request for that agency's approval or disapproval of the operators;
(ii) A notice to the appropriate agency that it must respond within 30 days from receipt of the request.
30 CFR Sec. 933.762 Criteria for designating areas as unsuitable for surface coal mining operations.
Part 762 of this chapter, Criteria for Designation Areas Unsuitable for Surface Coal Mining Operations, shall
apply to surface coal mining and reclamation operations.
30 CFR Sec. 933.764 Process for designating areas unsuitable for surface coal mining operations.
Part 764 of this chapter, State Processes for Designatng Areas Unsuitable for Surface Coal Mining Operations,
pertaining to petitioning, initial processing, hearing requirements, decisions, data base and inventory systems, public
information, and regulatory responsibilities shall apply to surface coal mining and reclamation operations beginning
one year after the effective date of this program.
30 CFR Sec. 933.772 Requirements for coal exploration.
(a) Part 772 of this chapter, Requirements for Coal Exploration, shall apply to any person who conducts or seeks
to conduct coal exploration operations.
(b) The Office shall make every effort to act on an exploration application within 60 days of receipt or such longer
time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant
that the application is being reviewed, but more time is necessary to complete such review, setting forth the reasons
and the additional time that is needed.
[52 FR 13811, Apr. 24, 1987]
30 CFR Sec. 933.773 Requirements for permits and permit processing.
(a) Part 773 of this chapter, Requirements for Permits and Permit Processing, shall apply to any person who
applies for a permit for surface coal mining and reclamation operations.
(b) In addition to the requirements of part 773, the following permit application review procedures shall apply:
(1) Any person applying for a permit shall submit five copies of the application to the Office.
(2) The Office shall review an application for administrative completeness and acceptability for further review and
shall notify the applicant in writing of the findings. The Office may:
(i) Reject a flagrantly deficient application, notifying the applicant of the findings;
(ii) Request additional information required for completeness stating specifically what information must be
supplied and negotiate the date by which the information must be submitted; or
(iii) Judge the application administratively complete and acceptable for further review.
(3) Should the applicant not submit the information as required by Sec. 912.773(b)(2)(ii) by the specified date, the
office may reject the application. When the applicant submits the required information by the specified date, the
Office shall review it and advise the applicant concerning its acceptability.
(4) When the application is judged administratively complete, the applicant shall be advised by the Office to file
the public notice required by Sec. 773.6 of this chapter.
(5) A representative of the Office shall visit the proposed permit area to determine whether the operation and
reclamation plans are consistent with actual site conditions. The applicant will be notified in advance of the time of
the visit. At the time of the visit, the applicant shall have the locations of the proposed permit boundaries, topsoil
storage areas, sediment control structures, roads, and other significant features contained in the application marked
by flags.
( c) In addition to the information required by subchapter G of this chapter, the Office may require an applicant to
submit supplementary information to ensure compliance with applicable Federal laws and regulations other than the
Act.
(d) The issuance of permits shall be coordinated, to the extent practicable, with the issuance of the following
permits, leases and/or certificates required by the State of North Carolina; Water discharge permit (NCGS 143-
215.1); water use permits in capacity use area (NCGS 143-215.5); an approval of dam construction (NCGS 143-
215.108), an air pollution control permit (NCGS 143-215.26, Title 15, North Carolina Administrative Code,
Subchapter 2K); air and water quality reporting systems (NCGS 143-215.63--143-215.69); a geophysical exploration
permit (Title 15, North Carolina Administrative Code, Subchapter 5C); a development permit for operations in an
area of environmental concern designated pursuant to the Coastal Area Management Act (NCGS 113A-100--113A-
128); a dredging or filing permit issued by the Department of Natural Resources and Community Development
(NCGS 113-229); a permit for dumping of toxic substances (NCGS 14-284.2); compliance with any applicable land
use regulations adopted in a soil conservation district (NCGS 139-9); and compliance with any county ordinance
regarding explosives (NCGS 153A-128).
(e) No person shall be granted a permit to conduct exploration which results in the removal of more than 250 tons
of coal or shall conduct surface coal mining unless that person has acquired all required permits, leases, and/or
certificates listed in paragraph (d) of this section.
(f) The Secretary shall provide to the North Carolina Department of Natural Resources and Community
Development a copy of each decision to grant or deny a permit application.
[52 FR 13811, Apr. 24, 1987; 65 FR 79582, 79672, Dec. 19, 2000]
[EFFECTIVE DATE NOTE: 65 FR 79582, 79672, Dec. 19, 2000, amended paragraph (b)(4), effective Jan. 18,
2001.]
30 CFR Sec. 933.774 Revision; renewal; and transfer, assignment, or sale of permit rights.
(a) Part 774 of this chapter, Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights, shall apply to
any such actions involving surface coal mining and reclamation operations permits.
(b) Any revision to the approved permit will be subject to review and approval by OSMRE.
(1) Significant revisions shall be processed as if they are new applications in accordance with the public notice
and hearing provisions of Secs. 773.6, 773.19(b) (1) and (2), and 778.21 and of part 775.
(2) OSMRE shall make every effort to approve or disappove an application for permit revision within 60 days of
receipt or such longer time as may be reasonable under the circumstances. If additional time needed, OSMRE shall
notify the applicant that the application is being reviewed, but that more time is necessary to complete such review,
setting forth the reasons and the additional time that is needed.
( c) In addition to the requirements of part 774 of this chapter, any person having an interest which is or may be
adversely affected by a decision on the transfer, assignment, or sale of permit rights, including an official of any
Federal, State, or local government agency, may submit written comments on the application to the Office within
thirty days of either the publication of the newspaper advertisement required by Sec. 774.17(b)(2) of this chapter or
receipt of an administratively complete application, whichever is later.
[52 FR 13811, Apr. 24, 1987; 65 FR 79582, 79672, Dec. 19, 2000]
[EFFECTIVE DATE NOTE: 65 FR 79582, 79672, Dec. 19, 2000, amended paragraph (b)(1), effective Jan. 18,
2001.]
30 CFR Sec. 933.775 Administrative and judicial review of decisions.
Part 775 of his chapter, Administrative and Judicial Review of Decisions, shall apply to all decisions on permits.
[52 FR 13812, Apr. 24, 1987]
30 CFR Sec. 933.777 General content requirements for permit applications.
Part 777 of this chapter, General Content Requirements for Permit Applications, shall apply to any person who
applies for a permit to conduct surface coal mining and reclamation operations.
[52 FR 13812, Apr. 24, 1987]
30 CFR Sec. 933.778 Permit applications -- minimum requirements for legal, financial, compliance, and related
information.
Part 778 of this chapter, Permit Applications--Minimum Requirements for Legal, Financial, Compliance and
Related Information, shall apply to any person who applies for a permit to conduct surface coal mining and
reclamation operations.
[52 FR 13812, Apr. 24, 1987]
30 CFR Sec. 933.779 Surface mining permit applications -- minimum requirements for information on
environmental resources.
Part 779 of this chapter, Surface Mining Permit Applications--Minimum Requirements for Information on
Environmental Resources, shall apply to any person who makes application to conduct surface coal mining and
reclamation operations.
30 CFR Sec. 933.780 Surface mining permit applications -- minimum requirements for reclamation and
operation plan.
Part 780 of this chapter, Surface Mining Permit Applications--Minimum Requirements for Reclamation and
Operation Plan, shall apply to any person who makes application to conduct surface coal mining and reclamation
operations, except that for the purposes of part 933, the paragraph in Sec. 780.31 shall be replaced by the following
two paragraphs:
(a) For any public parks, forest, or recreation areas, or historic places that may be adversely affected by the
proposed operations, each plan shall describe the measures to be used to minimize or prevent these impacts and to
obtain approval of the regulatory authority and other agencies as required in 30 CFR 761.12(f).
(b) Each application for an operation which will be visible from any public park, public highway, or residential
area shall include measures to be taken to screen the operation from the view of public parks, public highways and
residential areas, or shall set forth the reasons why such screening measures are either not feasible or not desirable.
30 CFR Sec. 933.783 Underground mining permit applications -- minimum requirements for information on
environmental resources.
Part 783 of this chapter, Underground Mining Permit Applications--Minimum Requirements for Information on
Environmental Resources, shall apply to any person who submits an application to conduct underground coal mining
operations.
30 CFR Sec. 933.784 Underground mining permit applications -- minimum requirements for reclamation and
operation plan.
Part 784 of this chapter, Underground Mining Permit Applications--Minimum Requirements for Reclamation and
Operation Plan, shall apply to any person who makes application to conduct underground coal mining except that for
the purposes of part 933, the paragraph in Sec. 784.17 shall be replaced by the following two paragraphs:
(a) For any public parks, forest, or recreation areas, or historic places that may be adversely affected by the
proposed operation, each plan shall describe the measures to be used to minimize or prevent these impacts and to
obtain approval of the regulatory authority and other agencies as required in 30 CFR 761.12(f).
(b) Each application for an operation which will be visible from any public park, public highway, or residential
area shall include measures to be taken to screen the operation from the view of public parks, public highways and
residential areas, or shall set forth the reasons why such screening measures are either not feasible or not desirable.
30 CFR Sec. 933.785 Requirements for permits for special categories of mining.
Part 785 of this chapter, Requirements for Permits for Special Categories of Mining, shall apply to each person
who makes application for a permit to conduct certain categories of surface coal mining and reclamation operations
as specified therein.
30 CFR Sec. 933.795 Small operator assistance.
Part 795 of this chapter, Small Operator Assistance, shall apply to any person making application for assistance
under the small operator assistance program.
30 CFR Sec. 933.800 General requirements for bonding of surface coal mining and reclamation operations.
Part 800 of this chapter, General Requirements for Bonding of Surface Coal Mining and Reclamation Operations
Under Regulatory Programs, shall apply to all surface coal mining and reclamation operations.
30 CFR Sec. 933.815 Performance standards -- coal exploration.
Part 815 of this chapter, Permanent Program Performance Standards--Coal Exploration, shall apply to any person
conducting coal exploration operations.
30 CFR Sec. 933.816 Performance standards -- surface mining activities.
Part 816 of this chapter, Permanent Program Performance Standards--Surface Mining Activities, shall apply to any
person who conducts surface coal mining and reclamation operations.
30 CFR Sec. 933.817 Performance standards -- underground mining activities.
Part 817 of this chapter, Permanent Program Performance Standards--Underground Mining Activities, shall apply
to any person who conducts underground coal mining operations.
30 CFR Sec. 933.819 Special performance standards -- auger mining.
Part 819 of this chapter, Special Permanent Program Performance Standards--Auger Mining, shall apply to any
person who conducts surface coal mining operations which include auger mining.
30 CFR Sec. 933.823 Special performance standards -- operations on prime farmland.
Part 823 of this chapter, Special Permanent Program Performance Standards--Operations on Prime Farmland,
shall apply to any person who conducts surface coal mining and reclamation operations on prime farmlands.
30 CFR Sec. 933.824 Special performance standards -- mountaintop removal.
Part 824 of this chapter, Special Permanent Program Performance Standards--Mountaintop Removal, shall apply
to any person who conducts surface coal mining operations constituting mountaintop removal mining.
30 CFR Sec. 933.827 Special performance standards -- coal processing plants and support facilities not located
at or near the minesite or not within the permit area for a mine.
Part 827 of this chapter, Special Permanent Program Performance Standards--Coal Processing Plants and Support
Facilities Not Located at or Near the Minesite or Not Within the Permit Area for a Mine, shall apply to any person
who conducts surface coal mining and reclamation operations which include the operation of coal processing plants
and support facilities not located at or near the minesite or not within the permit area for a mine.
30 CFR Sec. 933.828 Special performance standards -- in situ processing.
Part 828 of this chapter, Special Permanent Program Performance Standards--In Situ Processing, shall apply to
any person who conducts in situ processing activities.
30 CFR Sec. 933.842 Federal inspections.
(a) Part 842 of this chapter, Federal Inspections, shall apply to all exploration and surface coal mining and
reclamation operations.
(b) OSM will furnish a copy of any inspection report written pursuant to this part to the North Carolina
Department of Natural Resources and Community Development upon request.
30 CFR Sec. 933.843 Federal enforcement.
(a) Part 843 of this chapter, Federal Enforcement, shall when enforcement action is required for violations on
surface coal mining and reclamation operations.
(b) OSM will furnish a copy of each enforcement action and order to show cause issued pursuant to this part to the
North Carolina Department of Natural Resources and Community Development upon request.
30 CFR Sec. 933.845 Civil penalties.
Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations on surface coal
mining and reclamation operations.
30 CFR Sec. 933.846 Individual civil penalties.
Part 846 of this chapter, Individual Civil Penalties, shall apply to the assessment of individual civil penalties under
section 518(f) of the Act.
[53 FR 3676, Feb. 8, 1988]
30 CFR Sec. 933.955 Certification of blasters.
Part 955 of this chapter, Certification of Blasters in Federal Program States and on Indian Lands, shall apply to the
training, examination and certification of blasters for surface coal mining and reclamation operations.
[51 FR 19462, May 29, 1986]
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