Each applicant for a certificate of exploration, and each applicant for an operating permit, shall file with the department, upon approval of the application, and maintain in force a bond in an amount set forth in this section. All bonds must be in favor of the State of South Carolina, executed by a surety approved by the Department of Insurance in the amount set forth in this section. The bond must be continuous in nature and must remain in force until canceled by the surety. Cancellation by the surety is effectuated only upon sixty days’ written notice to the department and to the operator.

The applicant may file a separate bond for each certificate of exploration or operating permit or may file a blanket bond covering all exploration activities or mining operations within the State for which he holds certificates or permits. The amount of each bond required for a certificate of exploration must be two thousand, five hundred dollars. The amount of each bond for operating permits must be based upon the area of affected land to be reclaimed under the approved reclamation plan to which it pertains, less any area whose reclamation has been completed and released from coverage by the department pursuant to § 48-20-130. If the area totals less than ten acres, the bond must be ten thousand dollars. If it is ten acres or more but less than fifteen acres, the bond must be fifteen thousand dollars. If it is fifteen or more acres the bond must be twenty-five thousand dollars. If an area totals more than twenty-five acres, the department may require a bond in excess of twenty-five thousand dollars if a greater bond is necessary to insure reclamation as provided by this chapter.

Terms Used In South Carolina Code 48-20-110

  • Affected land: means :

    (a) the area of land from which overburden or minerals have been removed or upon which overburden has been deposited, or both, including an area on which a plant is located which is an integral part of the process of the removal of ores or mineral solids from natural deposits; or

    (b) stockpiles and settling ponds located on or adjacent to lands from which overburden or minerals have been removed. See South Carolina Code 48-20-40
  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-20-40
  • Exploration: means the act of breaking the surface soil to determine the location, quantity, or quality of a mineral deposit. See South Carolina Code 48-20-40
  • Explorer: means a person engaged in exploration activities, as defined in this section, whether individually, jointly, or through subsidiaries, agents, employees, or contractors. 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
  • 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
  • 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

All mining operations must have the reclamation bond amounts in effect by July 1, 1995, or before if the mining permit is modified to increase the affected land.

The bond must be conditioned upon the faithful performance of the requirements set forth in this chapter and of the regulations adopted pursuant to it. Liability under the bond must be maintained as long as reclamation is not completed in compliance with the approved reclamation plan unless released only upon written notification from the department. Notification must be given upon completion of compliance or acceptance by the department of a substitute bond. In no event may the liability of the surety exceed the amount of surety bond required by this section.

In lieu of the surety bond required by this section, the explorer or operator may file with the department a cash deposit, registered securities acceptable to the department, an assignment of a savings account in a South Carolina bank, or other securities acceptable to the department on an assignment form prescribed by the department.

If the license to do business in South Carolina of a surety upon a bond filed pursuant to this chapter is suspended or revoked, the operator, within sixty days after receiving notice, shall substitute for the surety a good and sufficient corporate surety authorized to do business in this State or file with the department one of the alternative forms of surety prescribed in this section. Upon failure of the operator to make the substitution, the permit must be suspended until the substitute bond is posted and written documentation is provided to the department.

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