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N.C. Department of Environment and Natural Resources

NC Department of Environment and Natural Resources
Energy Mineral and Land Resources - FAQ

Energy Mineral and Land Resources

 

Frequently Asked Questions

Frequently asked questions

This page provides frequently asked questions, listed by Land Quality Section program (Erosion and Sedimentation ControlDam Safety, and the Mining Program). Click on any active link.

Erosion and Sedimentation Control

The Land Quality Section administers the North Carolina Sedimentation Control Act of 1973 under the North Carolina Sediment Sedimentation Control Commission. “The sedimentation of streams, lakes and other waters of this State constitutes a major pollution problem. Sedimentation occurs from the erosion or depositing of soil and other materials into the waters, principally from construction sites and road maintenance. The continued development of this State will result in an intensification of pollution through sedimentation unless timely and appropriate action is taken. Control of erosion and sedimentation is deemed vital to the public interest and necessary to the public health and welfare, and expenditures of funds for erosion and sedimentation control programs shall be deemed for a public purpose.”—Preamble to the Sedimentation Pollution Control Act of 1973.  This Act created a program directed by the Sedimentation Control Commission and administered by the Division of Land Resources to permit development of this State to continue with the least detrimental effects from pollution by sedimentation.

Training opportunities - What other erosion and sedimentation control training opportunities are available?

  • Click here for training opportunities (see erosion and sedimentation training opportunities listed beginning at the top of the linked page)

Erosion and Sedimentation Control seminar schedule - Where can I find information about forthcoming Erosion and Sedimentation Control seminars?

  • Erosion and Sedimentation Control workshop information is here. Check information at this link for the current workshop schedule, location and registration information.

Forms - Where can I find erosion and sedimentation application forms?

  • Click here for erosion and sedimentation application forms.

Publications - Where can I order erosion and sedimentation control publications?

  • We have educational materials, videos and a training manual. Click here for product descriptions. Some publications can be downloaded as pdf files.

Ordering publications - Where can I order erosion and sediment control publications?

  • We have educational materials, videos and technical manuals available. Click here for product descriptions and ordering information. Some publications can be downloaded as pdf files (free).

Purchasing publications -

  • Can I use a credit card to pay for publications?
    • No, we do not accept credit cards for payment. We accepts checks or money orders. Click here for product descriptions, ordering information and downloadable (and printable) order form.
  • Can you send us an invoice for payment?
    • No, we do not invoice for our publications. If you need an order form, please click here for the page with the downloadable (and printable) order form.

Sediment complaint - Sediment is coming off a construction site next to my property. Who do I contact with my complaint?

  • Click here for to contact Regional Office Land Quality Section staff contacts, or
  • Call us toll free at 1-866-STOPMUD. Complaints may be made anonymously.

Express permitting of erosion and sedimentation control plans - Where can I find information on this option?

  • Click here to link for information about DENR's express permitting option.

What address should be used to submit Erosion and Sedimentation Plans?

  • If your work is within the jurisdiction of a local program, you may find its contact information here.
  • Otherwise, your plan should be submitted to the appropriate Regional Office for the county in which you are working. Click here to determine which regional office you should contact. Click here for county listing (MS Word) or here for a PDF.

Determining stream classification - Where can I find out about stream classification?

  • The North Carolina Division of Water Quality (DWQ) has two Internet sites that are helpful in determining stream classification. These sites provide the maps, by county, that are on the large laminated maps furnished to each Regional Office about ten years ago. These sites are useful for finding stream classifications for Trout, High Quality Waters (HQW) and Outstanding Resource Waters (ORW).
  • These Internet sites are:

Financial responsibility / Ownership Form - Where can I get a copy of these forms?

  • Click here to access the page listing forms.

Can contractors (graders) be held responsible for a violation of the SPCA?

  • 15 NCAC 04A. 0105(8) states that the developer or other person who has financial or operational control or the landowner can be held responsible for a violation. The contractor can only be held responsible if he has financial or operational control, or is the landowner.

Clearing alongside my creek - Is a permit needed to clear land (land disturbing activity) alongside my creek?

  • If the clearing (land disturbing activity) will be greater than one acre then a plan is needed before clearing begins. A trout buffer waiver may be needed for any size disturbance. The regional office for the county in which activity occurs should be contacted.

Storm water - Where can I find out more about storm water and local regulations?

  • Click here for the North Carolina Division of Water Quality's Stormwater Permitting Unit. This is a general link with educational information.
  • Additional information about stormwater permitting is here (forms, laws, fees, fact sheets, manuals, BMP, model ordinance, staff contacts, etc.).

Sediment Control Design Manual - Where can I get a copy of this manual?

  • Click here to select and order this, and other, Land Quality Section publications. You can download the Design Manual as a pdf file for free. The pdf version is fully searchable and also has embedded internal navigation links.

 

Dam Safety

The Land Quality Section administers the North Carolina Dam Safety Law of 1967. The North Carolina Dam Safety Program strives to prevent property damage, personal injury and loss of life from the failure of dams through the administration and enforcement of the Dam Safety Law of 1967 and the North Carolina Administrative Code Title 15A Subchapter 2K as amended.  We carry out this objective through: (1) a comprehensive dam permitting and certification program, (2) periodic dam safety inspections by our regional and central office staff, (3) enforcement actions as provided for under the Dam Safety Law, and (4) improving public awareness and education with regard to dam safety. Click here for additional details about the program (pdf).

Forms - Where can I find forms related to the safe operation of dams in North Carolina?

  • Click here for forms.

What address should be used to submit documents related to dam construction and repair?

  • Our mailing (street address) is Land Quality Section, Department of Environment and Natural Resources, 512 North Salisbury Street, Raleigh, NC 27604-1148.

Publications - Where can I order publications about dams?

  • The 2006 'Dam Operation, Maintenance and Inspection Manual' is here.

Dam emergency - Who do I contact in the event of a dam emergency?

  • Click here for primary emergency staff contact and for Regional office Land Quality Section staff.

Dam emergency alternative contact - Who do I contact as a back-up for dam emergencies?

  • Call 800.858.0368

Small dam construction - Is a permit needed to build a small dam?

  • Prior to construction of any dam, the Division of Land Resources, Dam Safety Program, should be notified. The form, "Determination if a dam is governed by the Dam Safety Act," (MS WordPDF) must be completed by the owner or engineer and returned to the Dam Safety Program for review and dermination.

Do I own a dam?

  • If you own a pond or other type of impoundment, you probably own a dam. The only exception may be ponds that are "dug out".

How do I know if my dam is under the jurisdiction of the Dam Safety Law of 1967?

  • If the dam is fifteen feet high from the downstream toe to the crest, and the dam is capable of impounding 10-acre-feet or more, it is termed jurisdictional (e.g., falls under the jurisdiction of the Dam Safety Law of 1967. Also, if failure of the dam could result in loss of life or significant property damage, the dam is jurisdictional. Click here for a diagram showing parts of a dam (PDF format).

What is an acre-foot?

  • An acre-foot is a measure of volume. Specifically, the volume of water that would exist if a one-foot depth of water was contained on exactly one acre of land (43,560 cubic feet or 325,853 gallons).

How do I measure the height of my dam to know if it is under the jurisdiction of the Dam Safety Act of 1967?

  • Measure the height of the dam from the lowest point on the downstream toe of the dam to the highest point on the crest (top) of the dam.

What are the parts of a dam?

  • We have prepared a graphic that shows the parts (major elements) of a dam (MS WordPDF).

 

Mining Program

The Land Quality Section administers the North Carolina Mining Act of 1971 (as amended through 2000). The extraction of minerals by mining is a basic and essential activity making an important contribution to the economic well-being of North Carolina and the nation.

As required by the North Carolina Mining Act of 1971, anyone affecting one acre or more of land for the purpose of mining must obtain a mining permit.  Obtaining a mining permit requires the submittal and approval of a complete mining permit application.  The application must include information concerning the mining operation, a detailed mine map, and a final reclamation plan for the restoration of all affected land.

Upon receipt of all requested information and prior to the issuance of a mining permit, the applicant is required to post a reclamation performance bond or other security to guarantee the final reclamation of the site.

Mining permits can be issued for up to ten years and renewed within two years of their expiration.  A mining permit may be modified at any time during the life of the permit.

Forms - Where can I find mine permit application forms?

  • Click here for mine permit application forms.

What address should be used to submit mine permit applications?

  • Our mailing address is Land Quality Section, Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, NC  27699.
  • Our physical (street) address is 512 North Salisbury Street, 5th floor, Raleigh, NC 27604.

Publications - Where can I order publications about mining and reclamation?

  • We have educational materials, videos and a training manual. Click here for product descriptions. Some publications can be downloaded as pdf files.

Blasting complaint - I am concerned about blasting at a nearby operation. Who do I contact with my complaint?

  • Click here to obtain a blasting complaint form. Click here to contact Land Quality Section regional office staff.

Permitted mines — Where can I obtain a list of permitted mines in North Carolina?.
 

  • Permitted mines - listing includes active, inactive and pending mines (updated April 17, 2012); These lists can be sorted by county using standard spreadsheets.

    • Click here for the list in MS Excel format, or
    • Click here for the list in tab delimited text format.

    For additional information

    The contact persons for the mining program are Ms. Janet Boyer, PE, State Mining Specialist, Ms. Judy Wehner, Assistant State Mining Specialist, and Ms. Ashley Rodgers, Assistant State Mining Specialist.  Mining program staff may be reached by phone at (919) 707-9220. 

 

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