North Carolina Statutes

Chapter 74 Mines and Quarries

Article 1 - Operation of Mines and Quarries.

Article 2 - Inspection of Mines and Quarries.

Article 2A - Mine Safety and Health Act.

  • § 74-24.1   Short title and legislative purpose
    (a) This Article shall be known as the Mine Safety and Health Act of North Carolina. (b) Legislative findings and purpose: (1) The General Assembly...
  • § 74-24.2   Definitions
    In this Article, unless the context otherwise requires: (1) The term "accident" means an unexpected event resulting in injury to, illness of, or death of...
  • § 74-24.3   Coverage
    Each mine shall be subject to the provisions of this Article, and each operator of such mine shall comply with all standards, rules, regulations, orders,...
  • § 74-24.4   Safety and health standards
    (a) The Commissioner shall develop, adopt, revise, and promulgate safety and health standards for the purpose of the protection of life, the promotion of safety...
  • § 74-24.5   Modification of safety and health standards
    Upon petition by an operator, a representative of miners, or a miner, the Commissioner may modify the application of any safety and health standard to...
  • § 74-24.6   Advisory Council
    (a) The Commissioner shall appoint an Advisory Council consisting of 11 members to assist him in the development of safety and health standards for mines...
  • § 74-24.7   Inspections and investigations
    (a) The Commissioner through the Director shall make as many inspections and investigations in mines each year as are deemed necessary to effectively and accurately...
  • § 74-24.8   Findings, notices, and orders
    (a) (1) If, upon any inspection of a mine, the Commissioner or his authorized representative finds that an imminent danger exists, he shall determine the...
  • § 74-24.9   Issuance and delivery of notices, orders, and decisions
    (a) All notices or orders issued under G.S. 74‑24.8 shall be in writing, signed by the Commissioner or his authorized representative, and shall be given...
  • § 74-24.10   Administrative and judicial review of decisions on mine safety
    (a) An operator to whom a notice or order is issued under G.S. 74‑24.8 and G.S. 74‑24.9 may contest the notice or order by filing...
  • § 74-24.11   Repealed by Session Laws 1987, c. 827, s. 260
  • § 74-24.12   Injunctions
    The Commissioner through the Director may institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order...
  • § 74-24.13   Mandatory reporting
    Under such regulations as he may prescribe, the Commissioner shall require that: (1) Operators of mines which are subject to this Article submit, at least...
  • § 74-24.14   Criminal penalties
    Any person who (i) willfully violates any standard, order, notice, decision, rule, or regulation issued under authority of this Article, and said violation causes death...
  • § 74-24.15   Rights and duties of miners
    Miners shall comply with all safety and health standards and all rules, regulations, or orders issued pursuant to this Article which are applicable to their...
  • § 74-24.16   Education, training, technical assistance, and research
    (a) The Commissioner through the Director is authorized to develop and conduct expanded programs for the education, training, and technical assistance of operators and miners...
  • § 74-24.17   State-federal plan
    In order to promote sound and effective coordination in State and federal activities within the field covered by this Article, the Commissioner is hereby authorized...
  • § 74-24.18   Legal representation
    It shall be the duty of the Attorney General of North Carolina to represent the Department of Labor in all actions or proceedings in connection...
  • § 74-24.19   Administrative provisions
    (a) The Commissioner shall appoint a Director to assist him in administering the provisions of this Article and, through the Director, shall have authority to...
  • § 74-24.20   Construction of Article and severability
    This Article shall receive a liberal construction to the end that the safety and health of miners in the State may be effectuated and protected....

Article 3 - Waterways Obtained.

  • § 74-25   Water and drainage rights obtained
    Any person or body corporate engaged or about to engage in mining, who may find it necessary for the furtherance of his operations to convey...
  • § 74-26   The petition, what to contain
    The petition shall specify the lands to be affected, the name of the owner of such lands, and the character of the ditch or drain...
  • § 74-27   Appraisers; appointment and duties
    Upon the hearing of the petition, if the prayer thereof be granted, the clerk shall appoint three disinterested persons, qualified to act as jurors, and...
  • § 74-28   Confirmation of report; payment of damages; rights of petitioner
    After the filing of the report and confirmation thereof by the clerk, who shall have power to confirm or, for good cause, set aside the...
  • § 74-29   Registration of report
    The petitioner, or any other person interested, may have the report of the appraisers registered upon the certificate of the clerk and shall pay the...
  • § 74-30   Obstructing mining drains
    If any person shall obstruct any drain or ditch constructed under the provisions of this Chapter, he shall be guilty of a Class 1 misdemeanor....
  • § 74-31   Disposition of waste
    In getting out and washing the products of kaolin and mica mines, the persons engaged in such business shall have the right to allow the...

Article 4 - Adjustment of Conflicting Claims.

  • § 74-32   Liability for damage for trespass
    If any owner or person in possession of any mine or mining claim shall enter upon, either on the surface or underground, any mine or...
  • § 74-33   Persons entitled to bring suit
    The owner of a mine in this State, or any person in possession under a lease or other contract, may maintain an action to recover...
  • § 74-34   Application and order for survey
    The person entitled to bring an action, as provided in G.S. 74‑33, may apply to any judge of the superior court having jurisdiction to grant...
  • § 74-35   Free access to mine for survey
    Upon the order made for the survey in the manner, at the time, and by the persons mentioned in the order, which shall include a...
  • § 74-36   Costs of the survey
    The costs of the order and survey shall be paid by the person making the application; but if he shall maintain an action and recover...

Article 5 - Interstate Mining Compact.

Article 6 - Mining Registration.

Article 7 - The Mining Act of 1971.

  • § 74-46   Title
    This Article may be known and cited as "The Mining Act of 1971." (1971, c. 545, s. 1.)
  • § 74-47   Findings
    The General Assembly finds that the extraction of minerals by mining is a basic and essential activity making an important contribution to the economic well‑being...
  • § 74-48   Purposes
    The purposes of this Article are to provide: (1) That the usefulness, productivity, and scenic values of all lands and waters involved in mining within...
  • § 74-49   Definitions
    Wherever used or referred to in this Article, unless a different meaning clearly appears from the context: (1) "Affected land" means the surface area of...
  • § 74-50   Permits General
    (a) No operator shall engage in mining without having first obtained from the Department an operating permit that covers the affected land and that has...
  • § 74-51   Permits Application, granting, conditions
    (a) Any operator desiring to engage in mining shall make written application to the Department for a permit. The application shall be upon a form...
  • § 74-52   Permits Modification, renewal
    (a) Any operator engaged in mining under an operating permit may apply at any time for modification of the permit. A permittee may apply for...
  • § 74-53   Reclamation plan
    The operator shall submit with his application for an operating permit a proposed reclamation plan. Said plan shall include as a minimum, each of the...
  • § 74-54   Bonds
    (a) Each applicant for an operating permit, or for the renewal of a permit shall, following the approval of the application, file and maintain in...
  • § 74-54.1   Permit fees
    (a) The fee schedule for the processing of permit applications and permit renewals and modifications is as follows: 0‑25 acres 26+ acres New Permit Applications...
  • § 74-55   Reclamation report
    Within 30 days after completion or termination of mining on an area under permit or within 30 days after each anniversary of the issuance of...
  • § 74-56   Inspection and approval of reclamation; bond release or forfeiture
    (a) The Department may direct investigations as it may reasonably deem necessary to carry out its duties as prescribed by this Article, and for this...
  • § 74-57   Departmental modification of permit or reclamation plan
    If at any time it appears to the Department from its inspection of the affected land that the activities under the reclamation plan and other...
  • § 74-58   Suspension or revocation of permit
    (a) Whenever the Department shall have reason to believe that a violation of (i) this Article, (ii) any rules adopted under this Article, or (iii)...
  • § 74-59   Bond forfeiture proceedings
    Whenever the Department determines the necessity of a bond forfeiture under the provisions of G.S. 74‑56, or whenever it revokes an operating permit under the...
  • § 74-60   Notice
    Whenever in this Article written notice is required to be given by the Department, such notice shall be mailed by registered or certified mail to...
  • § 74-61   Administrative and judicial review of decisions
    An applicant, permittee, or affected person may contest a decision of the Department to deny, suspend, modify, or revoke a permit or a reclamation plan,...
  • § 74-62   Repealed by Session Laws 1987, c. 827, s. 83
  • § 74-63   Rules
    The Commission may adopt rules necessary to administer this Article. (1971, c. 545, s. 18; 1973, c. 1262, s. 33; c. 1331, s. 3; 1987,...
  • § 74-64   Penalties for violations
    (a) Civil Penalties. (1) a. A civil penalty of not more than five thousand dollars ($5,000) may be assessed by the Department against any person...
  • § 74-65   Effect on local zoning regulations
    No provision of this Article shall be construed to supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted...
  • § 74-66   Private relief against nuisance or hazard
    No provision of this Article shall be construed to restrict or impair the right of any private or public person, association, corporation, partnership, officer, or...
  • § 74-67   Exemptions
    The provisions of this Article shall not apply to those activities of the Department of Transportation, nor of any person, firm, or corporation acting under...
  • § 74-68   Cooperation with other agencies; contracts and grants
    The Department, with the approval of the Governor, and in order to accomplish any of the purposes of the Department, may apply for, accept, and...
  • § 74-69 through 74-74   Reserved for future codification purposes

Article 8 - Control of Exploration for Uranium in North Carolina.

  • § 74-75   Legislative findings; declaration of policy
    The General Assembly finds that exploration for uranium within the State has the potential to lead to employment opportunities and other economic benefits for the...
  • § 74-76   Definitions
    Wherever used or referred to in this Article, unless a different meaning clearly appears from the context: (1) "Commission" means the Mining Commission created by...
  • § 74-77   Permit requirement
    No person shall engage in exploration activity for the discovery of uranium without having first obtained from the Department an exploration permit which covers the...
  • § 74-78   Permits; application; granting; terms; duration; renewal
    (a) A person desiring to engage in exploration activities for discovery of uranium shall make written application to the Department for an exploration permit. An...
  • § 74-79   Bonds
    Each applicant for an exploration permit shall file with the Department following approval of his application and shall thereafter maintain in force a bond or...
  • § 74-80   Abandonment
    All exploration holes shall be abandoned by adequately plugging them with cement from the bottom of the hole upward to a point three feet below...
  • § 74-81   Inspection and approval of abandonment; bond release; forfeiture
    Upon completion of abandonment of an area of affected land, the permit holder shall notify the Department on a form and in a manner it...
  • § 74-82   Suspension, revocation or modification of permit
    The Department may revoke, suspend or modify a permit for violations of this Article, any rules promulgated under it, or other terms or conditions of...
  • § 74-83   Forfeiture proceedings
    Whenever the Department determines the necessity of a bond or other security forfeiture under the provisions of G.S. 74‑81, or whenever it revokes, suspends or...
  • § 74-84   Notice
    Whenever in this Article written notice is required to be given by the Department, such notice, unless otherwise provided, shall be mailed by registered or...
  • § 74-85   Administrative and judicial review of decisions
    Any affected person may contest a decision of the Department to approve, deny, suspend, or revoke a permit, to require additional abandonment work, to refuse...
  • § 74-86   Rules
    The Mining Commission may promulgate any rules necessary to administer and carry out the purposes of this Article. (1983, c. 279, s. 1; 1987, c....
  • § 74-87   Penalty for violations
    (a) Civil Penalties. (1) a. A civil penalty of not more than five thousand dollars ($5,000) may be assessed by the Department against any person...
  • § 74-88   Confidentiality of logs, surveys, and reports
    If a person engaged in uranium exploration shows to the satisfaction of the Department that logs, surveys plats, and reports filed under this Article are...
  • § 74-89   Delay before mining permits issued
    No permit for the mining of uranium shall be issued to an applicant for either three years, beginning with the date of issuance of his...