Public Hearing
Mining Rules
Tuesday, November 18
6pm (speaker sign-ups begin at 5:30pm)
Ground Floor Hearing Room, Archdale Building 512 N. Salisbury St, Raleigh NC 27604
The North Carolina Mining Commission will hold a public hearing on Nov. 18, 2025, to hear public comment on proposed rule changes to Subchapters 05A, 05B, 05F and 05G of the Mining Act Rules.
The proposed rule changes were approved by the Mining Commission. The next step is for the Mining Commission to hear public comments.
The Umstead Coalition does not support weakening of the existing rules, which the draft Rules would-so they should NOT be approved as proposed.
As proposed, public and agency review comments for new and expanded mining operations would be severely limited and then even prohibited after changes are made to the mining permit application – allowing the mining company to decrease landowner protections with no ability for the public or other agencies to provide comments. Some streams could have little to no buffer protections. The proposed rules would also allow an exemption for the devastation from logging (deforestation) of a mining site and allow for almost non-existent protective buffers (think 0 feet set-back).
Please ask for the following changes:
● Public and agency comments on a mining application should NOT be limited to a few days after the first version of the mining application submittal, but rather allowed throughout the evaluation – especially after changes to the permit application are submitted to DEQ.
● Logging in preparation for mining NOT be exempted and must continue to be considered a part of “mining operation”
● “Unexcavated buffers” should not be allowed as a type of protective buffer – they allow so much bad – roads, trucks, stockpiling, crushing, conveyor belts, etc. This is NOT what the public considers as a “buffer” and ‘undisturbed” buffers should not be allowed to be converted to ‘unexcavated’ buffers – remember, the public only has the opportunity to provide public comment when a mining permit application is submitted – sequent ‘modifications’ are essentially between the mining operator and DEQ. Loopholes and abuse could abound.
● DEQ should NOT be the determining agency of WHO owns the land – another loophole being ‘slipped in.’ The land owner is on the deeds or stated by law or the court – NOT to be arbitrarily made up by the Mining operator or DEQ.
● Stream protective buffers should NOT be limited by whatever law is or is not on the books. Rather, stream protective buffers for water quality, dust, noise, visuals should not be eliminated or gutted if they are insufficient per other regulations for other purposes.
● Blasting records should record the GPS coordinates and elevation.
The Umstead Coalition’s critique of the draft Rules is here.
The Proposed Mining Rules (as well as comparison with current rules) can be found at:
https://www.deq.nc.gov/energy-mineral-and-land-resources/demlr/11182025mrcproposedrules/open
The link for more information on how to attend the Public Hearing in-person or on-one and/or via written comments is here. Note: if you want to speak in person at the November 18 Public Hearing, you can sign-up beginning at 5:30pm. If you want to speak via Webex, you need to sign up by 5pm the day before. Written public comments will be accepted through December 15.
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