§ 74-58. Suspension or revocation of permit. - North Carolina Statutes

§74‑58.  Suspension or revocation of permit.

(a)        Whenever theDepartment shall have reason to believe that a violation of (i) this Article,(ii) any rules adopted under this Article, or (iii) the terms and conditions ofa permit, including the approved reclamation plan, has taken place, it shallserve written notice of the apparent violation upon the operator, specifyingthe facts constituting the apparent violation and informing the operator of theoperator's right to an informal conference with the Department. The date for aninformal conference shall be not less than 15 nor more than 30 days after thedate of the notice, unless the Department and the operator mutually agree onanother date. If the operator or the operator's representative does not appearat the informal conference, or if the Department following the informalconference finds that there has been a violation, the Department may suspendthe permit until the violation is corrected or may revoke the permit where theviolation appears to be willful.

(b)        The effective dateof any suspension or revocation shall be 30 days following the date of thedecision. The filing of a petition for a contested case under G.S. 74‑61shall stay the effective date until the Commission makes a final decision. If theDepartment finds at the time of its initial decision that any delay incorrecting a violation would result in imminent peril to life or danger toproperty or to the environment, it shall promptly initiate a proceeding forinjunctive relief under G.S. 74‑64 hereof and Rule 65 of the Rules ofCivil Procedure. The pendency of any appeal from a suspension or revocation ofa permit shall have no effect upon an action for injunctive relief.

(c)        Any operator whosepermit has been suspended or revoked shall be denied a new permit or a renewalof an existing permit to engage in mining until the operator gives evidencesatisfactory to the Department of the operator's ability and intent to fullycomply with the provisions of this Article and rules adopted under thisArticle, and the terms and conditions of the permit, including the approvedreclamation plan, and that the operator has satisfactorily corrected allprevious violations. (1971, c. 545, s. 13; 1973, c. 1262, s. 33; 1979, c.252, s. 1; 1987, c. 827, s. 82A; 1993 (Reg. Sess., 1994), c. 568, s. 8.)