| (1) |
Authority. Rules and
regulations regarding surface mining and reclamation of affected lands are
adopted pursuant to the Georgia Surface Mining Act of 1968, as
amended. |
| (2) |
Definitions. All terms used in the rules and regulations shall be
interpreted in accordance with the definitions as set forth in the Georgia
Surface Mining Act of 1968, as amended, unless otherwise defined in the rules
and regulations:
| (a) |
"Act" means the Georgia
Surface Mining Act of 1968, as amended; |
| (b) |
"Director" means the Director of the
Division of Environmental Protection of the Department of Natural Resources,
State of Georgia; |
| (c) |
"Division"
means the Division of Environmental Protection of the Department of natural
Resources, State of Georgia. |
|
| (3) |
Enforcement. The
administration and enforcement of any rules and regulations shall be in
accordance with the Georgia Surface Mining Act of 1968, as amended, the
Executive Reorganization Act of 1972, as amended, and the Georgia
Administrative Procedure Act, as amended. |
| (4) |
Powers and Duties of the
Director. Powers and duties vested in the Director pursuant to Act
include, but are not limited to, the following:
| (a) |
To administer and enforce the provisions
of the Act and all rules and regulations promulgated thereunder; |
| (b) |
To issue such orders as may be necessary
to enforce compliance with the Act all rules and regulations promulgated
thereunder; |
| (c) |
To examine and pass
upon permit applications and Mining Land Use Plans; |
| (d) |
To revoke permits of mining operators who
refuse to carry out their Mining Land Use Plans; |
| (e) |
To deny a new permit to a mining operator
whose permit has been revoked, until the mining operator gives assurance
satisfactory to the Director of his ability and intent to fully comply with the
Act with respect to affected land under the revoked permit. |
| (f) |
To forfeit bonds or cash of mining
operators who refuse to carry out their Mining Land User Plans; |
| (g) |
To carry out land use projects on lands
where bonds or cash have been forfeited, using funds available for such
purposes; |
| (h) |
To institute and
prosecute all such court actions as may be necessary to obtain the enforcement
of any order issued by the Director in carrying out the provisions of the
Act; |
| (i) |
To seek civil penalties in
accordance with the Act; |
| (j) |
To
decline to assert jurisdiction under the Act over any class or category of
mines when the effect of the operation of such mines is not sufficiently
substantial to warrant the exercise of jurisdiction; |
| (k) |
To exercise all incidental powers
necessary to carry out the purposes of the Act. |
|
| (1) |
General
Requirement. Prior to commencing any surface mining operation, a mining
operator shall be required to obtain from the Director a permit to conduct such
surface mining operation. |
| (2) |
Application for PermitThe application for a permit shall be made
on forms supplied by the Director, and shall be signed by the applicant. The
application shall contain the name of the Applicant; certification that the
Mining Operator is the rightful owner or holds a valid lease or option to
purchase or lease the affected lands which, at a minimum, extends two years
beyond the final reclamation date shown in the Mining Land Use Plan; a
certification that the information provided in or submitted by the mining
operator as part of the Application and Mining Land Use Plan is true and
correct, and the Mining Operator agrees to comply with provisions of the Mining
Land Use Plan, provisions of the Act and Rules, and conditions of the permit; a
statement granting to the Environmental Protection Division or any authorized
representative of the Director the right of entry and travel upon affected
lands; and such other information as is required by the Director. Such
application shall be filed with the Director well in advance of the date on
which the mining operator desires to commence mining, so that adequate time
will be available to the Director to review the application and accompanying
documents. Said application shall be accompanied by a Mining Land Use Plan,
which shall be prepared in accordance with the provisions of the Act and these
rules and regulations. |
| (3) |
Issuance of Permit. A permit will be issued by the Director on
evidence satisfactory to the Director of compliance with the provisions of the
Act and these rules and regulations. No such permit will be issued until a
mining operator files with the Division the appropriate performance bond,
government securities, irrevocable letter of credit, cash or any combination
thereof, unless said mining operator has been exempted from this requirement by
the Director in accordance with the Act and these rules and regulations. A
permit, once issued, shall be valid from the date of issuance until the
completion of mining, unless otherwise revoked pursuant to the Act and these
rules and regulations. Such permit shall be conditioned upon the permittee's
compliance with the approved Mining Land Use Plan. |
| (4) |
Revocation of Permit. If a
mining operator fails to comply with the Mining Land Use Plan, the Division
will notify said operator in writing of the specific items of noncompliance and
request that corrections be made. If the mining operator thereafter fails to
comply within a reasonable time, the Director may revoke said mining operator's
permit in accordance with the Act, as amended. The decision to revoke a permit
is left to the discretion of the Director and will be based on violation of the
Act, Rules, permit conditions, or Mining Land Use Plan. Mining by a permitted
operator on an unauthorized site (lands not permitted) while holding other
valid permits shall constitute prima facie evidence of violation of an approved
Mining Land Use Plan and all permits that an operator holds may be suspended or
revoked. |
| (5) |
Transferability
of Permit. A permit, once issued, is not transferable from one mining
operator to another. Whenever the legal ownership of a mining operation
changes, the new owner may continue such operation provided that, within 60
days of such change in ownership, the new operator files with the Director an
approveable application, Mining Land Use Plan, and appropriate bonding. In such
cases of change in ownership, the original owner shall be held responsible for
lands affected by the operation unless written proof of the assumption of
responsibility by the new owner, satisfactory to the Director, is filed with
the Division. |
| (6) |
Exemption. Tunnels, shafts and dimension stone quarries are by law
exempted from the provision of the Act. |
| (1) |
Upon approval
by the Director of a Mining Land Use Plan or an amended Mining Land Use Plan
submitted by the mining operator, the Division shall furnish approved surety
bond forms to the mining operator, and advise said mining operator as to the
amount of bond that will be required. A mining operator shall submit to the
Director an acceptable performance bond, payable to the Governor of Georgia or
his successor, within 60 days from the date of mail receipt or personal
delivery to the operator such forms, unless otherwise exempted from the bonding
requirement by the Director. Mining operators shall have the option of posting
a surety bond, government securities, irrevocable letter of credit, cash or any
combination thereof. If a cash bond is to be submitted, the mining operator
shall submit a cashier's check or money order payable to the Georgia Department
of Natural Resources. A mining operator submitting government securities shall
purchase securities having a current market value equal to the full amount of
the required bond. Additionally, government securities that contain interest
coupons shall have all outstanding coupons attached thereto. |
| (2) |
Bond requirements will be fixed in an
amount of not less than $1,000 nor more than $2,500 per acre or fraction
thereof of the area affected land. When determining the amount of bond
required, the Director will consider the character and nature of the land
reclamation requirements as approved in the operator's Mining Land Use Plan or
amended Mining Land Use Plan and the degree to which the mining operator has
complied with the provisions of any existing or past approved Mining Land Use
Plan. |
| (3) |
Exemption from the
Bonding Requirement. Any mining operator who desires an exemption from
the bonding requirements of this section shall make a written request for such
an exemption from the Director. The Director, in determining whether such a
request should be granted, will consider (1) the financial responsibility of
the mining operator; (2) the degree to which the mining operator has complied
with the provision of any existing or past approved Mining Land Use Plan; and
(3) such other matters as the Director may deem appropriate and relevant. In
considering the financial responsibility of the mining operator, the Director
may require a mining operator to submit the latest available financial
statement. |
| (4) |
The bond, government
securities, irrevocable letter of credit, or cash shall be held until the
affected lands or any portion thereof are satisfactorily reclaimed. The
Division shall inspect and evaluate affected lands to determine if the
provisions of the Act, the rules and regulations promulgated thereunder, and
the operator's approved Mining Land Use Plan have been properly fulfilled. The
operator shall notify the Division by filing a final reclamation report when
the provisions of his Mining Land Use Plan have been fulfilled. Upon receipt of
the operator's final reclamation report advising that the provisions of the
Mining Land Use Plan have been fulfilled, the Division will have the site(s)
covered by said Plan inspected for compliance. Within 60 days from the date of
such inspection, the Division will notify the mining operator in writing as to
whether said operator has fulfilled the reclamation responsibility under his
Plan. If said reclamation responsibility has been fulfilled, a mining operator
who has not been granted an exemption from the bonding requirement will have
his bonding obligation terminated. |
| (5) |
Any mining operator who has been granted
an exemption from the bonding requirement and who subsequently violates any
provision of the Act or these rules and regulations, or who defaults on his
obligations under any Mining Land Use Plan, may be required by the Director to
post a bond. |
An operator may desire to substitute and reclaim an area
mined in the past for lands currently being mined. Such substitution may be
made on an acre for acre basis, and an operator's request for same shall be
prepared as to form and content in a manner acceptable to the Division.
Reclamation shall be initiated on substituted acres the first growing season
following the commencement of mining on the land for which substitution is
being made and must be completed no later than the three years from that date,
unless a period of other duration is approved by the Division as a part of the
mining operator's approved Mining Land Use Plan.
| (1) |
Plan Submittal. Each surface
mining operator, prior to being issued a permit to engage in surface mining,
shall submit a Mining Land Use Plan that is acceptable to the Division and
which meets the requirements of the Act and Rules, including provisions for
protection of the environment and resources of the State and reclamation of
affected lands in a reasonable period of time. Operators will submit an
original and two (2) copies of an application and Mining Land Use Plan on forms
provided by the Division, along with all engineering drawings, specifications,
maps or other attachments as necessary. |
| (2) |
Preparation of Plan. Mining
Land Use Plans will be prepared as to form and content in a manner acceptable
to the Division and will comply with the rules and regulations. The plan will
contain a specific plan of action, being based on sound engineering and
conservation principles, for accomplishing the operator's reclamation objective
and for protection of adjacent watersheds from effects of erosion and
siltation. The Mining Land Use Plan shall be consistent with land use in the
area of the mine. The Mining Land Use Plan shall include, but not be limited
to, a description of the company; the minerals or materials to be mined; mining
methods; lands and community to be affected; reclamation objective; estimated
schedule of mining advancement; schedule of reclamation, including time to
accomplish reclamation; affected acreage; natural drainage and water disposal;
provisions for erosion and siltation control, including adequate measures to
control erosion on the periphery of affected land where mining ceases or
becomes inactive; protection of contiguous natural and other resources,
including properties on the National Register of Historic Places; topsoil use;
overburden (spoil) or refuse disposal placement or use; backfilling; highwall
reduction, grading and sloping; lake development; site cleanup; and
revegetation of reclaimed lands. |
| (3) |
National Register of Historic
Places. Adverse effects on historic places include, but are not limited
to, the following: physical destruction, damage or alteration of all or part of
the property; isolation of the property from or alteration of the character of
the property's setting when that character contributes to the property's
qualification for the National Register; introduction of visual, audible or
atmospheric elements that are out of character with the property or alter its
setting. |
| (4) |
Amended Mining
Land Use Plan. If it is determined to be desirable to vary from an
approved Mining Land Use Plan, any changes in the Plan must be submitted in
writing to the Division for approval as an amendment to the original Plan prior
to changing or varying from such Plan. Amended Plans submitted by the operator
will be complete in all details necessary to correctly show the operator's new
plan of action and will show by map all lands to be affected and
reclaimed. |
| (5) |
Disapproval of
Plan. Mining Land Use Plans submitted by mining operators that are not
prepared in a manner acceptable to the Division and that do not contain the
required supporting documents and maps will be disapproved. In the event an
operation has submitted a Mining Land Use Plan for approval that is not
acceptable to the Division, the Plan shall be disapproved. The operator will be
advised of the various elements of the Plan that are not acceptable, and the
operator's disapproved Plan will be returned to the operator for revision and
resubmission. It is the operator's responsibility to provide a properly
prepared, acceptable and sufficient Mining Land Use Plan that will provide for
the protection of the environment in the development and operation of the site
and reclamation of mined lands. |
Following the removal or disposal of all structures,
equipment, stockpiles, mining refuse and all other materials associated with
surface mining, the affected land will be reclaimed in accordance with the
provision of the mining operator's approved Mining Land Use Plan. All lands,
except those specifically exempted by the Division in the operator's approved
Mining Land Use Plan, will have a neat, clean appearance and contain a high
quality, permanent vegetative cover.
| (1) |
Location Map. The operator
will include as a part of his Mining Land Use Plan an accurate location map of
affected lands. |
| (2) |
Land Use
Map. The operator will prepare and submit as a part of his Mining Land
Use Plan a detailed Land Use Map, prepared in a manner acceptable to the
Division. Said Map shall include, but not be limited to, details of anticipated
mining advancement and provision for drainage and erosion control
measures. |
| (3) |
Aerial
Photographs. Aerial photographs or reproductions thereof that accurately
portray affected lands to be mined may be submitted by the operator in lieu of
the required maps provided the operator has plotted and correctly identified
all land use data on the photograph. Aerial photographs or reproductions
thereof, which have a scale of less than 330 feet per inch or more that 660
feet per inch (unless a scale of another size is approved by the Division) and
which are not of adequate photo interpretation quality are unacceptable.
Operators will submit the most recent available photograph that correctly shows
the various physical features of lands being affected. |
The mining operator's plan shall incorporate sound
engineering and conservation measures for protecting the health and welfare of
the people of this State from adverse effects of surface mining. Operators will
be required to grade all peaks, ridges, and valleys resulting from surface
mining, and to backfill all pits and trenches resulting from same in a manner
to minimize any hazardous effects of mining adjacent to any State or
county-maintained public road. If the original ground elevation of the area
mined was at or below the road elevation, operators will be required to grade
to the original elevation and plane, a strip of land of a reasonable width,
lying adjacent and parallel to the public road involved. If the original ground
elevation of the area mined was above the road elevation and mining caused the
resulting elevation to be below the road elevation, operators will be required
to grade to at least the same elevation and plane as the road a strip of land
of a reasonable width, lying adjacent and parallel to the public road
involved.
Whenever a mining site lies contiguous to any waters of the
State or whenever, in the judgement of the Division, proposed mining at such
site will adversely affect any portion of the watershed of the State, an
operator will be required to follow sound engineering and conservation measures
to provide protective barriers, such as dams, berms, silt ponds, or other
similar structures, between the lands to be affected and waters or watersheds
involved. All structures are to be approved by the Division as a part of the
operator's Mining Land Use Plan and are to be substantial for the protection of
contiguous natural resources of the State. All structures referred to above are
to be constructed a reasonable distance from waters of the State, or that
portion of a watershed of the State adversely affected, as determined by the
Division. Before natural creeks, streams, rivers, lakes, or other bodies of
water may be altered in course or relocated, the plan for such alteration or
relocation must be approved by the Division as part of the operator's approved
Mining Land Use Plan. Where a mining site is to be located on lands or adjacent
to lands containing natural or other resources which may be adversely affected
by the mining operation, the mining operator shall include as an attachment to
the Mining Land Use Plan, a plan to alleviate and/or mitigate adverse effects
of such impacts.
Any information relating to secret mining methods obtained by
the Division or its employees while carrying out the provision of the Act or
these rules and regulations shall, at the request of the mining operator, be
kept confidential.
