§ 74-81. Inspection and approval of abandonment; bond release; forfeiture. - North Carolina Statutes

§74‑81.  Inspection and approval of abandonment; bond release; forfeiture.

Upon completion of abandonmentof an area of affected land, the permit holder shall notify the Department on aform and in a manner it shall require. Upon receipt of the report, and at anyother time it deems reasonable, the Department shall make an inspection of thearea to determine whether the permit holder has complied with the requirementsof this Article, any rules promulgated under it and the terms and conditions ofhis permit. Following its inspection, the Department shall give written noticeto the permit holder of any deficiencies noted. The permit holder shallcommence action within 10 days of receipt of notice to rectify thesedeficiencies and shall diligently proceed to correct them. The Department mayextend the 10‑day performance period if it finds that the permit holderis making every reasonable effort to comply.

Whenever the Department findsthat the person conducting exploration activity has failed to properly abandonan area of affected land within the time allowed by G.S. 74‑80 and hasfailed to undertake timely corrective actions following notice, it shallinitiate forfeiture proceedings against the bond or other security filedpursuant to G.S. 74‑79.

If the Department finds thatabandonment has been properly completed, it shall so notify the personconducting the exploration activity in writing within 10 days after thatfinding and release him from further obligations under this Article. At thesame time it shall release all or the appropriate portion of the bond or othersecurity that has been provided. (1983, c. 279, s. 1.)