§ 74-78. Permits; application; granting; terms; duration; renewal. - North Carolina Statutes

§74‑78.  Permits; application; granting; terms; duration; renewal.

(a)        A person desiringto engage in exploration activities for discovery of uranium shall make writtenapplication to the Department for an exploration permit.  An application shallbe upon a form furnished by the Department and shall fully state theinformation called for.  In addition, the applicant may be required to furnishany other information the Department deems necessary in order to enforce thisArticle.

The application shall be accompaniedby a signed agreement, in form specified by the Department, that in the event abond or other security forfeiture is ordered pursuant to G.S. 74‑81, theDepartment and its representatives and contractors may make any necessaryentries on the land and take any necessary action to carry out abandonmentprocedures not completed by the permit holder.

The Department shall alsonotify the Radiation Protection Commission of the application and request itsviews and comments on the application.

The applicant shall make areasonable effort, satisfactory to the Department, to notify all owners ofrecord of land adjoining the proposed site and the chief administrative officerof the county or municipality in which the proposed site is located that heintends to explore for uranium on the site.

(b)        The Departmentshall deny an application upon finding:

(1)        That the proposedexploration activity will or is likely to violate any requirement of thisArticle or any rule promulgated under it; or

(2)        That the person seekingto conduct the exploration activity has not corrected all violations which hecommitted under a prior uranium exploration permit. In the absence of any suchfindings, a permit shall be granted.

The Department shall grant ordeny the permit as expeditiously as possible, but in no event later than 60days after the filing of the application and of any reasonably requiredsupplementary information.

(c)        A permit may beconditioned upon any reasonable requirements and safeguards the Departmentdeems necessary to assure that exploration activity will comply fully with therequirements and objectives of this Article and of other applicable Stateenvironmental and public health laws.

The Department shall set theamount of the performance bond or other security required pursuant to G.S. 74‑79.The applicant shall have 30 days following the mailing of notification of thebond or security requirement in which to deposit the required bond or securitywith the Department. The exploration permit shall be issued upon timely receiptof this deposit.

(d)        Exploration permitsshall be valid for a period of one year. Permits may be renewed annually upon ashowing that the person conducting exploration activity has complied with thisArticle, the rules promulgated under it, and the terms of his permit. Renewalapplications shall be upon a form furnished by the Department and shall statethe information called for, as well as other information the Department deemsnecessary. (1983, c. 279, s. 1; 1989, c. 727, s. 12.)