§ 143B-290. North Carolina Mining Commission - creation; powers and duties. - North Carolina Statutes

Part6. North Carolina Mining Commission.

§ 143B‑290.  North Carolina Mining Commission –creation; powers and duties.

There is hereby created the North Carolina Mining Commission of theDepartment of Environment and Natural Resources with the power and duty topromulgate rules for the enhancement of the mining resources of the State.

(1)        The North Carolina Mining Commission shall have thefollowing powers and duties:

a.         To act as the advisory body to the Governor pursuant toArticle V(a) of the Interstate Mining Compact, as set out in G.S. 74‑37.

b.         Repealed by Session Laws 2002‑165, s. 1.10, effectiveOctober 23, 2002.

c.         To hear permit appeals, conduct a full and complete hearingon such controversies and affirm, modify, or overrule permit decisions made bythe Department pursuant to G.S. 74‑61.

d.         To promulgate rules necessary to administer the Mining Actof 1971, pursuant to G.S. 74‑63.

e.         To promulgate rules necessary to administer the Control ofExploration for Uranium in North Carolina Act of 1983, pursuant to G.S. 74‑86.

(2)        The Commission is authorized to make such rules, notinconsistent with the laws of this State, as may be required by the federalgovernment for grants‑in‑aid for mining resource purposes which maybe made available to the State by the federal government. This section is to beliberally construed in order that the State and its citizens may benefit fromsuch grants‑in‑aid.

(3)        The Commission shall make such rules consistent with theprovisions of this Chapter. All rules adopted by the Commission shall beenforced by the Department of Environment and Natural Resources.

(4)        Recodified as § 74‑54.1 by c. 1039, s. 16, effectiveJuly 24, 1992. (1973, c. 1262, s. 29;1977, c. 771, s. 4; 1983, c. 279, s. 2; 1989, c. 727, s. 193; 1989 (Reg. Sess.,1990), c. 944, s. 1; 1991 (Reg. Sess., 1992), c. 1039, s. 16; 1997‑443‑11A.119(a);2002‑165, s. 1.10.)