4 contiguous to affected land. At the time of feiie- an application 



5 for a new mining permit or for a permit modif icationc — that — a44 



6 ov . ^n e rc modification to add an owner of record of lands land 



7 adjoining the permit boundaries, the applicant or operator shall 



8 make a reasonable effort, satisfactory to the Department, to 



9 notify all — ownorc — &i — r e cord of — land adjoining th e proposed — sit e , 



10 «tfid — fee — notify — feie — chi e f — administrative — offic e r — &i — fejie — county — &¥■ 



1 1 municipality — ifi — which — fe4ie — sit e — is — locat e d — that — fefee — operator 



12 int e nds — fee — conduct — a — mining — op e ration — &o — fei^e — sit e — irA — question , i 



13 notify : l 



14 ( 1 ) The chief administrative officer of each county and 



15 municipality in which the affected land is located, j 



16 ( 2 ) The owners of record of land adjoining the tract of 



17 land that includes the affected land. 



18 ( 3 ) The owners of record of land that lies directly 



19 across a highway, as defined in G.S. 20-4.01(13), 



20 that has five lanes or less if the tract of land 



21 that includes the affected land is adjacent to the 



22 highway. 



23 ( 4 ) The owners of record of land that lies directly 



24 across any creek, stream, river, or other j 



25 watercourse; railroad track; or utility or other 



26 public right-of-way that is adjacent to the tract 



27 of land that includes the affected land to the 



28 extent that the Department, in its discretion, 



29 determines to be necessary to provide adequate 



30 notice of the application. 



31 (bl ) The notice shall inform the owners of record and chief 



32 administrative officers of the opportunity to submit written 



33 comments to the Department regarding the proposed mining 



34 operation and the opportunity to request a public hearing 



35 regarding the proposed mining operation. Requests for public 



36 hearing shall be made within 30 days of issuance of the notice. 



37 (c) No permit shall become effective until the operator has 



38 deposited with the Department an acceptable performance bond or 



39 other security pursuant to G.S. 74-54. If at any time the bond 

 4 or other security, or any part thereof, shall lapse for any 



41 reason other than a release by the Department, and the lapsed 



42 bond or security is not replaced by the operator within 30 days 



43 after notice of the lapse, the permit to which the lapsed bond or 



44 security pertains shall be automatically revoked. 



Page 2 ERCOO-SG/RTZ-006 . 04 



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