Public Comments on Proposed Mining Rule Changes - DUE by December 15

Deadline December 15, 2025
The North Carolina Mining Commission will accept written comments on proposed rule changes to Subchapters 05A, 05B, 05F and 05G of the Mining Act Rules.

Email comments to: [dwain.veach@deq.nc.gov](mailto:dwain.veach@deq.nc.gov) (Please type “Mining Rules” in subject line).

The proposed changes to the Mining Rules that weaken buffers, restrict public comments, and exclude impacts from logging should be rejected.

The Mining Rules are the “Rules” used to administer the Mining Program. The Mining Rules are supposed to be consistent with the Mining Law passed by our Legislators; the Mining Rules must not attempt to make new law, or be more lenient for the mining companies, or be more restrictive to the public’s right to provide comments. The NC Mining Act is already one of the weakest in the national, the proposed Mining Rule changes weaken it further.

The Mining Commission is trying to gut the Mining Rules to prevent meaningful public comments on Mining Permit applications (both new and modified permit applications), gut protective buffers and allow trucking and other heavy industrial mining operations right up to edge of property line, exempt logging as a destructive part of a mining operation, and more!

ACTION REQUESTED: Please include the Rule section number in your comments.
Please ask that the following proposed Rule changes NOT be approved (use your own words or copy the following):

============== Suggested comments to honor the Purposes of the 1971 Mining Act with (G.S.74-48) “to provide (1) That the usefulness, productivity, and scenic values of all lands and waters involved in mining within the State will receive the greatest practical degree of protection and restoration. (2) … no mining shall be carried out …. Unless plans for such mining include reasonable provisions for protections of the surrounding environment and for reclamation of the area of land affected by mining.”

15A NCAC 05A .0202 (c) (2). DEFINITION OF MINING. Request to DETETE this entire proposed addition to the rules. Why delete? Logging has always been considered a mining related activity because the only way to create the mine pit is to log the entire area of the pit and related operations. There is a proposed addition to the rules that would allow logging or deforestation (silviculture) of a mining site even before a mining permit is issued. Then the clear cutting might a not even count as part of the adverse impact of mining. Also, this may allow logging even in “undisturbed” areas. Absurd! This change is inconsistent with Section 74-49(7)(ii) of the Mining Act, THE law!

15A NCAC 05A .0202 (c) (7). Request to DELETE the word “unexcavated.” Why delete? “**Unexcavated” means the land can be clear cut and deforested for roadways, trucking, stockpiling, erosion control, conveyor belts, crushers, etc. This type of activity is NOT a buffer; it is the opposite of a buffer. – WHY would any member of the public consider this a meaningful “buffer”?

15A NCAC 05A .0202 (c) (6) (B). Request to ADD “including no logging” so Rule reads: “Undisturbed Buffer” means no disturbance shall occur, including no logging.” Why important to add? The draft rules might allow logging in an undisturbed buffer – WRONG!

15A NCAC 05B .0104 INFORMATION REQUIRED IN PERMIT APPLICATION. REQUEST TO ADD the following information to meet the purposes of the mining act (G.S. 74-48) the following should be required in an application:

• anticipated life of the mine (in years)
• identification of any established State, City or County plans for the land or adjacent lands to be used for public parks, public recreation area, or other public uses
• identification of permanent undisturbed buffers

15A NCAC 05B .0105 (2) REJECT revised Rule and KEEP old rule to read: “a natural buffer to be left between any stream and the affected land.” WHY keep old rule? The proposed rule eliminates “natural” and limits stream buffer width to the few state or local protections that exist for streams (much of the state is not covered by any, and those that are such as in the Neuse Basin, the buffer widths are narrow and only for nitrogen – this ignores all the other reasons natural buffers area should be required along streams and might be wider).

15A NCAC 05B .0111 PUBLIC HEARINGS. REJECT ALL the proposed Rule changes. WHY? The proposed Rule changes eliminate ALL public and agency comments after 10 days, allowing for the mining company to then make significant changes to a Mining Permit Application for a new or modified permit without any public or agency comment! That is not even how any permit application consideration in NC works for any permit. The abuse this would create is beyond comprehension!

15A NCAC 05F .0112 FURTHER REMEDIES. REJECT the deletion – KEEP the existing RULE. Why keep? This rule maintains the right of the Director to pursue remedies for violations of the Mining Act itself. WHY take away enforcement of the Mining Act?

15A NCAC 05B .0114 BLASTING. (g)(10) and (g). Add GPS and elevation. CHANGE “upon request” with “quarterly.” Why? Blasting location should include GPS coordinates and elevation to know where the blast accurately occurs. Blasting records now are not available to the public and DEQ-Mining refuses to ask the Mining Companies for this data – Mining is a heavy industrial activity, the Public deserves to have transparent access to blasting data thought a Public Information Request.
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Please send written comments BY MONDAY, DECEMBER 15 to Dwain Veach, by email to [dwain.veach@deq.nc.gov](mailto:dwain.veach@deq.nc.gov) (Please type “Mining Rules” in subject line).

The Proposed Mining Rules (as well as comparison with current rules) with critique are HERE

Link to the Umstead Coalition's draft comments HERE

Link to the Umstead Coalition’s comments at the in-person Public Hearing on November 18, 2025 that indicate the potential detrimental impacts of the proposed Rules HERE

Email your public comments to: [dwain.veach@deq.nc.gov](mailto:dwain.veach@deq.nc.gov) (Please type “Mining Rules” in subject line).

The DEQ link for more information here. Written public comments will be accepted through December 15.