HARRY HUGHES, Governor

3081

(3)  EXCAVATION OR GRADING CONDUCTED SOLELY IN AID OF
ON-SITE FARMING OR ON-SITE CONSTRUCTION FOR PURPOSES OTHER THAN
SURFACE MINING;

(4)  REMOVAL OF OVERBURDEN AND MINING OF LIMITED
AMOUNTS OF ANY MINERAL WHEN DONE ONLY FOR THE PURPOSE OF
PROSPECTING AND TO THE EXTENT NECESSARY TO DETERMINE THE
LOCATION, QUANTITY, OR QUALITY OF ANY NATURAL DEPOSIT, IF NO
MINERALS ARE SOLD, PROCESSED FOR SALE, OR CONSUMED IN THE REGULAR
OPERATION OF BUSINESS;

(5)  THE HANDLING, PROCESSING, OR STORAGE OF SLAG AND
STONE ON THE PREMISES OF A MANUFACTURER AS A PART OF ANY
MANUFACTURING PROCESS THAT REQUIRES STONE AS A RAW MATERIAL OR
PRODUCES SLAG AS A BY-PRODUCT;

(6)  THE EXTRACTION OF MINERALS BY A LANDOWNER FOR THE
LANDOWNER'S OWN NONCOMMERCIAL USE FROM LAND OWNED OR LEASED BY
THE LANDOWNER;

(7)  MINING OPERATIONS IF THE AFFECTED LAND DOES NOT
EXCEED 1 ACRE IN AREA; OR

(8)  DREDGING FROM SUBMERGED PUBLIC OR PRIVATE LANDS
IN THE STATE IF THIS ACTIVITY IS CONDUCTED UNDER A LICENSE FROM
THE STATE BOARD OF PUBLIC WORKS OR BY PERMIT FROM THE DEPARTMENT,
AS PROVIDED FOR IN TITLE 9 OF THIS ARTICLE.; OR

(9) THE EXTRACTION OF SAND, GRAVEL, ROCK, STONE,
EARTH, OR FILL FROM BORROW PITS FOR HIGHWAY CONSTRUCTION PURPOSES
OR OTHER PUBLIC FACILITIES, IF THE WORK IS PERFORMED UNDER A
BOND, A CONTRACT, AND THE SPECIFICATIONS OF THE DEPARTMENT THAT
REQUIRE RECLAMATION OF THE AREA AFFECTED IN THE MANNER PROVIDED
BY THIS SUBTITLE.

[(e)] (F) Any person who violates the provisions of this
section is guilty of a misdemeanor and, on conviction, is subject
to a fine of not more than $10,000. The fine shall be paid to the
Surface Mined Land Reclamation Fund.

7-6A-07.

(a)  [After January 1, 1977, no licensed operator] A
LICENSEE may NOT engage in surface mining within the State
[without first obtaining] EXCEPT ON AFFECTED LAND THAT IS COVERED
BY a VALID surface mining permit [which covers the affected
land].

(b)  The application shall be in writing and on a form
prepared and furnished by the Department and shall fully state
the information called for. In addition, the applicant may be
required to furnish other information the Department reasonably
deems necessary in order to enforce this subtitle.