§ 74-59. Bond forfeiture proceedings. - North Carolina Statutes

§74‑59.  Bond forfeiture proceedings.

Whenever the Departmentdetermines the necessity of a bond  forfeiture under the provisions of G.S. 74‑56,or whenever it revokes  an operating permit under the provisions of G.S. 74‑58,it shall request the Attorney General to initiate forfeiture proceedingsagainst the bond or other security filed by the operator under G.S. 74‑54;provided, however, that no such request shall be made for forfeiture of a bonduntil the surety has been given written notice of the violation and areasonable opportunity to take corrective action.  Such proceedings shall bebrought in the name of the State of North Carolina. In such proceedings, theface amount of the bond or other security, less any amount released by theDepartment pursuant to G.S. 74‑56, shall be treated as liquidated damagesand subject to forfeiture. All funds collected as a result of such proceedingsshall be placed in a special fund and used by the Department to carry out, tothe extent possible, the reclamation measures which the operator has failed tocomplete. If the amount of the bond or other security filed pursuant to thissection proves to be insufficient to complete the required reclamation pursuantto the approved reclamation plan, the operator shall be liable to theDepartment for any excess above the amount of the bond or other security whichmay be required to defray the cost of completing the required reclamation. (1971,c. 545, s. 14.)