An operator engaged in mining under an operating permit may apply for modification of the permit. The application must be in writing upon forms furnished by the department and must state fully the called-for information. The applicant may be required to furnish other information as may be necessary to the department to enforce this chapter adequately. It is not necessary to resubmit information which has not changed since the time of a prior application if the applicant states in writing that the information has not changed.

A modification under this section may affect the land area covered by the operating permit, the approved reclamation plan coupled with the operating permit, or other terms and conditions of the permit. An operating permit may be modified to include land neighboring the affected or permitted land but not other lands. The reclamation plan may be modified if the department determines that the modified plan fully meets the standards set forth in § 48-20-90 and that the modifications are generally consistent with the basis for issuance of the original operating permit. Other terms and conditions may be modified only if the department determines that the permit as modified meets the requirements of §§ 48-20-60 and 48-20-70.

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Terms Used In South Carolina Code 48-20-80

  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-20-40
  • Land: includes submerged lands underlying a river, stream, lake, sound, or other body of water and specifically includes, among others, estuarine and tidal lands. See South Carolina Code 48-20-40
  • Mining: means :

    (a) the breaking of the surface soil to facilitate or accomplish the extraction or removal of ores or mineral solids for sale or processing or consumption in the regular operation of a business;

    (b) removal of overburden lying above natural deposits of ore or mineral solids and removal of the mineral deposits exposed, or by removal of ores or mineral solids from deposits lying exposed in their natural state. See South Carolina Code 48-20-40
  • Neighboring: means in close proximity, in the immediate vicinity, or in actual contact. See South Carolina Code 48-20-40
  • Operating permit: means a permit for mining activity that is issued to an operator by the department. See South Carolina Code 48-20-40
  • Operator: means a person engaged in mining operations, whether individually, jointly, or through subsidiaries, agents, employees, or contractors. See South Carolina Code 48-20-40
  • Permitted land: means the affected land in addition to (a) lands identified for future mining to become affected land; (b) an undisturbed or buffer area that is or may become adjacent to the affected land. See South Carolina Code 48-20-40
  • Reclamation: means the reasonable rehabilitation of the affected land for useful purposes and the protection of the natural resources of the surrounding area. See South Carolina Code 48-20-40
  • Reclamation plan: means the operator's written proposal as required and approved by the department for reclamation of the affected land, which includes but is not limited to:

    (a) proposed practices to protect adjacent surface resources;

    (b) specifications for surface gradient restoration, including sketches delineating slope angle, to a surface suitable for the proposed subsequent use of the land after reclamation is completed, and the proposed method of accomplishment;

    (c) manner and type of revegetation or other surface treatment of the affected areas;

    (d) method of prevention or elimination of conditions that are hazardous to animal or fish life in or adjacent to the area;

    (e) method of compliance with state air and water pollution laws;

    (f) proposed methods to limit significant adverse effects on adjacent surface water and groundwater resources;

    (g) proposed methods to limit significant adverse effects on significant cultural or historic sites;

    (h) method of rehabilitation of settling ponds;

    (i) method of control of contaminants and disposal of mining refuse;

    (j) method of restoration or establishment of stream channels and stream banks to a condition minimizing erosion, siltation, and other pollution;

    (k) maps and other supporting documents reasonably required by the department; and

    (l) a time schedule, including the anticipated years for completion of reclamation by segments, that meets the requirements of § 48-20-90. See South Carolina Code 48-20-40

In lieu of a modification, an operator may apply for a new permit in the manner prescribed by §§ 48-20-60 and 48-20-70.

No modification of a permit becomes effective until required changes have been made in the performance bond or other security posted under the provisions of § 48-20-110 to assure the performance of obligations assumed by the operator under the permit and reclamation plan.

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