(c)

1. (1) Material removal must not be conducted below an elevation of one foot (1’) above the elevation of the surface of the water at the time of removal.
2. (2) If the stream is dry, material removal may proceed to a depth equivalent to one foot (1’) above the lowest point of a cross section of the stream at that location.

(d) At no time shall any material removal create a condition or conditions that will:

1. (1) Cause the stream to change course;
2. (2) Alter the location of the deepest part of the stream channel; or
3. (3) Cause bank or channel instability.

(f)

1. (1) An undisturbed buffer zone must be maintained from the ordinary high-water mark landward for the length of the material removal site.
2. (2) If the applicant proposes a buffer zone of less than one hundred feet (100’), reasonable scientific and technical data based on the site specific conditions such as geology, soil type, slope, or waterway use designation that shows the proposed buffer zone will protect the water quality of the waterway must be presented to and approved by the Director of the Division of Environmental Quality.
3. (3) If, after review of the data submitted by the applicant, the director determines that the proposed buffer zone is not adequate, then the buffer zone shall be established by the Division of Environmental Quality not to exceed one hundred feet (100’) measured horizontally from the ordinary high-water mark.
4. (4) Disturbance in this buffer zone shall be limited to well-maintained access roads for ingress and egress only and when no other reasonable access is available.
5. (5) Upon temporary or permanent cessation of material removal at a site, steps shall be taken to minimize the amount of surface water and sediment that may enter the stream via an unvegetated access road.

(g)

1. (1) If available, large oversized material shall be salvaged and placed back on the excavated area upon cessation of material removal to provide stability to the area.
2. (2) A description of such material must be included in the mining plan and replacement detailed in the reclamation plan.

(h)

1. (1) Mechanical material processing or storage:

   1. (A) Shall not occur below the ordinary high-water mark; and
   2. (B) Shall occur at a higher elevation than the ordinary high-water mark and be outside the buffer zone.
2. (2) An incidental pile of material used to facilitate loading below the ordinary high-water mark will not be deemed as material storage providing that the pile is of a reasonable size that could practicably be removed that day.

(j) If no other access to the material to be mined is available other than to cross a stream, thereby creating turbidity, the division may approve a temporary crossing structure, provided the structure:

1. (1) Is designed to reduce or eliminate turbidity;
2. (2) Is placed perpendicular to the stream;
3. (3) Does not block or dam the stream; and
4. (4) Is removed immediately upon cessation of mining.

(k) The mining plan must include, but is not limited to:

1. (1) A map or maps that depict the:

   1. (A) Permit area; and
   2. (B) Access to the site (from a state, county, or municipal road);
2. (2) Identification of all land to be affected (i.e., process facility, product storage, location of material to be mined with respect to the stream, etc.);
3. (3) Provisions for storm water and process water containment;
4. (4) A cross section of the stream channel to be mined; and
5. (5) Any other site specific information the division determines to be necessary to provide adequate information to determine if the goals of The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq., and this part will be achieved.

(m)

1. (1) No material removal shall be conducted in streams designated as extraordinary resource waters except as provided in 15 CAR § 231-201(f) and (g).
2. (2) Where a stream that is not designated as an extraordinary resource water converges with a stream that is designated as an extraordinary resource water, no mining shall be permitted in the nonextraordinary resource water from the point of confluence upstream for a distance equal to two (2) times the stream channel width of the extraordinary resource water at the confluence or some other distance as agreed to by the division and the applicant.

(o)

1. (1) Storage of such fluids as fuel, oil, or hydraulic fluid, and the respective wastes thereof, must be such that they cannot enter the stream channel.
2. (2) However, should extraordinary events occur that result in waste water or one (1) or more of these fluids entering the stream, the division must be notified immediately.

(p)

1. (1) Landowners may sell or barter gravel or other material from streambeds as a part of an approved flood control project without obtaining a mining permit from the division.
2. (2) A landowner may remove sufficient stream material from his or her own land for road maintenance, construction, or other uses on said land without obtaining a mining permit.
3. (3) Except as provided above, material shall not be removed for the purpose of commercial sale without first obtaining a mining permit from the division.