(c)

1. (1) Operators desiring to remove gravel or other materials from streambeds must obtain a permit to do so from the division.
2. (2) The division will not develop a general permit for the removal of gravel and other materials from streambeds.

3. (3)

   1. (A)

(i) There shall be no mining in streams designated as “extraordinary resource waters” of the state as established in water quality standards duly promulgated by the Arkansas Pollution Control and Ecology Commission for all surface waters of the State of Arkansas, see 8 CAR pt. 21.

1. (ii) Refer to 8 CAR pt. 21 to determine what streams and waterbodies are considered to be “extraordinary resource waters”.

   1. (B)

      1. (i) All stream gravel mining operations on streams designated as “extraordinary resource waters” after January 1, 1995, may continue to operate under a permit issued by the division for a period of two (2) years from the date of such designation.
      2. (ii) At the end of said two-year period:

(b) (b) The affected area reclaimed in accordance with the operator’s approved reclamation plan.

1. (d) Previously mined and unreclaimed land, which is to become affected land during new open-cut mining operations, must be permitted.

(e)

1. (1)

   1. (A) The Arkansas Department of Transportation or its contractor shall not be required to obtain a permit for an open-cut mine where the material is used exclusively in the construction, reconstruction, improvement, or maintenance of roadways.
   2. (B) Reclamation of the area shall conform to the provisions of the standard specifications for highway construction upon discontinuation of use of the pit for the above listed purposes.
   3. (C) This exemption does not alleviate any obligations to obtain appropriate permits from the division including, but not limited to, short-term authorizations or water quality permits.

2. (2)

   1. (A) The occasional sale of material to the division by an operator does not exempt the operator from complying with the requirements of:

      1. (i) His or her permit;
      2. (ii) The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq.; or
      3. (iii) This part.

   2. (B)

      1. (i) In the event the reclamation requirements of the operator interfere with a contractual agreement with the division, the operator will be allowed to revise his or her reclamation plan and schedule of completion accordingly.
      2. (ii) However, any revision must be in compliance with the declaration of policy in The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq.

(f) The following subdivisions apply to governmental units:

1. (1)

   1. (A) County and municipal governments shall not be required to obtain a permit for open-cut mining operations on lands outside of the channel of a waterway for which said government entity has established rights when the material is used for construction, reconstruction, improvement, or maintenance of:

      1. (i) Streets;
      2. (ii) Roads;
      3. (iii) Highways; or
      4. (iv) Other public projects.

   2. (B) The county or municipal government shall:

      1. (i) Remove topsoil and spoil; and
      2. (ii) Store it on site.

   3. (C) Upon completion of mining:

      1. (i) The site shall be graded such that no slope will be steeper than one foot (1’) vertical to three feet (3’) horizontal; and
      2. (ii) The topsoil shall be respread and the site revegetated in a manner to prevent pollution of the waters of Arkansas;
2. (2) An agent or employee of a county government or municipal government acting in his or her official capacity may remove gravel or other materials from any stream in order to protect the integrity of bridges or low water crossings of any public roadway without obtaining a permit;
3. (3) A governmental unit may remove gravel or other material from any stream in order to protect the integrity of a government owned or controlled structure without obtaining a permit;

4. (4) The above exemptions do not preclude the governmental unit from obtaining any necessary:

   1. (A) United States Army Corps of Engineers permits; or
   2. (B) Permits from the division, including but not limited to short-term authorizations or water quality permits;

5. (5)

   1. (A) Flood control projects authorized by the United States Army Corps of Engineers shall be exempt from the mining permit requirement, provided, however, that certification under Section 401 of the Federal Clean Water Act is obtained for said project as well as any appropriate permits from the division including, but not limited to, short-term authorizations or water quality permits.

   2. (B)

      1. (i) In the event that authorization pursuant to Section 404 of the Federal Clean Water Act is determined by the United States Army Corps of Engineers not to be required for a specific flood control or bank stabilization project, the division will review the proposed plan using the Section 401 water quality certification criteria.
      2. (ii) The division shall issue the necessary authorizations and permits as deemed needed for the project once it has been established that the activity will not adversely affect water quality through the Section 401 water quality certification criteria review; and
6. (6) Governmental units not specifically excluded pursuant to the above sections, shall obtain a permit from the division as required by this part.

(g) The following subdivisions apply to landowners:

1. (1)

   1. (A) The requirements of The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq., as amended, and this part shall not apply to the noncommercial removal of clay, bauxite, sand, gravel, soil, shale, or other materials from lands by the owner of said lands or by a contractor hired by the owner for the exclusive use by the landowner for:

      1. (i) Construction, improvement, or maintenance of roads;
      2. (ii) Other projects on land owned by said owner;
      3. (iii) Any environmental improvements to previously disturbed lands; or
      4. (iv) The concurrent or short term, ninety (90) days or less, excavation of materials during the construction of buildings either for:

(b) (b) Commercial; or

1. (c) (c) Industrial purposes.

   1. (B) This exemption does not alleviate any obligation to obtain appropriate permits from the division including, but not limited to, short-term authorizations or water quality permits; and

2. (2)

   1. (A) Landowners may sell or barter gravel or other material from streambeds as a part of an approved flood control or bank stabilization project designed or approved by the United States Army Corp of Engineers, the United States Natural Resources Conservation Service, or the Arkansas Game and Fish Commission Stream Team program without a mining permit from the division.
   2. (B) A landowner may remove sufficient streambed material from one's own land for road maintenance, construction, or other uses on said land without obtaining a mining permit.
   3. (C) Except as provided above, material shall not be removed for the purpose of commercial sale without first obtaining a mining permit from the division.
   4. (D) This exemption does not alleviate any obligation to obtain appropriate permits from the division including, but not limited to, short-term authorizations or water quality permits.

(h) The following subdivisions are exceptions to this section:

1. (1) Land affected by open-cut mining operations prior to July 1, 1971, are exempt from the act and this part unless subsequently affected after July 1, 1971;
2. (2) Nothing in this part shall be construed to require any operator to reclaim or revegetate any previously exempted excavation sites such as soil and shale pits that were affected and abandoned prior to January 1, 1999;
3. (3) Nothing in this part shall be construed to apply to the removal of soil, shale, or stone at a quarry operation that is regulated under Arkansas Code §§ 15-57-401 through 15-57-414;
4. (4) Nothing in this part shall be construed to apply to any excavation activity associated with the improvement or maintenance of any agricultural lands or associated irrigation systems;

5. (5) The requirements of The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq., as amended, and the rule shall not apply to any:

   1. (A) Area being excavated for soil or shale that is less than three (3) acres where an undisturbed buffer zone of not less than fifty feet (50’) exists between the highwalls of the excavation site and any adjacent property line; or
   2. (B) Size area being excavated if the area being excavated is at least one-fourth (1/4) of a mile from any adjacent property line; and
6. (6) The above-listed exemptions do not alleviate any obligation to obtain the appropriate permits from the division, including but not limited to short-term authorizations or water quality permits.