S.C. Code Regs. § § 89-120

Current through Register Vol. 48, No. 10, October 25, 2024

Section 89-120 - Terms and Conditions of Permit

A. The terms and conditions of the permit shall be as set forth in the approved Application for a Mining Permit and the approved Reclamation Plan.

B. The Department may impose terms and conditions on the applicant's or operator's permit provided:

(1) There is a basis in law for the provision of such terms and conditions; and

(2) The Department shall have reviewed the mining and reclamation plans of applicant or operator; and

(3) Inspected the lands permitted or to be permitted; and

(4) Determined that applicant's or operator's plans are inadequate for public safety and to properly protect and safeguard the land, water, air and environment of adjacent non-permitted lands; and

(5) The Department shall notify the applicant or operator in writing of the terms and conditions imposed and the reasons for such additional terms and conditions.

C. Such imposed terms and conditions may include and cover, but are not limited to the following:

(1) Best Management Practices for Sediment and Erosion Control:

Appropriate Best Management Practices for sediment and erosion control shall be designed, constructed, and maintained to prevent additional contribution of sediment to streams, lakes or ponds or land outside the permit area. Where applicable, sediment and erosion control measures to prevent degradation of the environment shall consist of the utilization of proper reclamation methods and sediment control practices including, but not limited to:

(a) Grading the backfill material to reduce the rate and volume of runoff;

(b) Retaining sediment within the pit and disturbed area;

(c) Establishing temporary vegetation or mulch on areas that will remain subject to erosion for as long as six months.

(2) Visual Screening Measures:

The Department may require visual screening, vegetative or otherwise, so as to screen the view of the operation from public highways, public parks, or residential areas, where the Department finds such screening to be feasible and desirable.

(3) Dewatering Measures:

(a) In areas of documented groundwater-related impacts from dewatering activities or potential significant impact as determined by the Department, the Department may require the operator to install a groundwater monitoring system to evaluate pre-mining groundwater conditions.

(b) In areas of documented groundwater related problems or potential significant impact as determined by the Department, the operator may be required to keep accurate records of the time and rate of groundwater pumping, groundwater elevations in the pit or groundwater elevations in observation wells during mining.

(c) Information collected from a pre-mine groundwater monitoring system and during mining will be used by the operator and Department to determine provisions which meet the requirements for the protection and/or restoration of surface water or groundwater impacted by mine dewatering.

(4) Cultural and Historic Sites:

(a) In areas of significant cultural and historic sites, the Department may require a survey of cultural and/or historic resources on the proposed mine site by a consultant or other qualified person retained by the operator.

(b) Information obtained from the survey will be used by the operator and Department to determine provisions which meet the requirements for the protection, relocation, or excavation of significant cultural or historic sites as mining progresses.

(5) Operators Mining in Rivers and Streams:

(a) A minimum fifty-foot border of natural vegetation between the water's edge and any plant site on the permitted area shall be left undisturbed subject to the operator's right to normal access to the stream. When the materials extracted are not processed after removal and no plant is located on the property, the operator shall take all necessary precautions to preserve the integrity of the stream bank.

(b) The S. C. Department of Highways and Public Transportation and/or the S. C. Public Service Commission may be contacted in reference to setback requirements from bridges, railroad trestles and other structures for in-stream mining activity.

(c) Where appropriate, Best Management Practices, such as sediment traps and sediment fences shall be installed and maintained to minimize the amount of sediment and spoil returning to the stream.

(d) Where appropriate, the Department may require that all facilities such as dredges, pumps and floating pipelines which are placed in any stream or other body of water navigable by boats and water recreational vehicles be identified by flags, signs and lights.

(e) Sediments, spoil or screening shall not be placed so as to build up the water surface or near enough to the water surface to interfere with normal flow of the stream or traffic by boat or recreational vehicles.

(6) Noise Monitoring and Control.

(a) On initial applications or permits having substantial modifications where the Department determines that a mining operation may significantly increase noise levels on neighboring property, the operator may be required to conduct monitoring to determine background noise levels.

(b) Information collected from the noise monitoring will be used by the operator and Department to determine provisions to minimize noise levels to neighboring landowners.

D. The applicant may voluntarily agree to place terms and conditions on the permit. Such voluntary terms and conditions become binding and fully enforceable. Such voluntary terms and conditions do not (1) become binding on any other permit, (2) establish any precedent, (3) establish any standard procedure or standard practices or (4) have any application outside the permit.

S.C. Code Regs. § 89-120