§ 74-83. Forfeiture proceedings. - North Carolina Statutes

§74‑83.  Forfeiture proceedings.

Whenever the Departmentdetermines the necessity of a bond or other security forfeiture under theprovisions of G.S. 74‑81, or whenever it revokes, suspends or modifies apermit under the provisions of G.S. 74‑82, it shall request the AttorneyGeneral to initiate forfeiture proceedings against the bond or other securityfiled by the permit holder: Provided, however, that no such request shall bemade for forfeiture of a bond or other security until the guarantor has been givenwritten notice of the violation and a reasonable opportunity to take correctiveaction. These proceedings shall be brought in the name of the State of NorthCarolina. In these  proceedings, the face amount of the bond or other security,less any amount previously released by the Department, shall be treated asliquidated damages and subject to forfeiture. All funds collected as a resultof these proceedings shall be placed in a special fund and used by theDepartment to carry out, to the extent possible, the abandonment measures whichthe permit holder has failed to complete. If the amount of the bond or othersecurity filed pursuant to this section proves to be insufficient to completethe required abandonment, the permit holder shall be liable to the Departmentfor any excess above the amount of the bond or other security which may berequired to defray the cost of completing the required reclamation. (1983,c. 279, s. 1.)