Chapter 10 applies to all non-coal surface mining and reclamation operations, except:

1. (1) The extraction of non-coal minerals by a landowner for his or her own non-commercial use from land owned or leased by him or her. Noncommercial use does not include the extraction of non-coal minerals by one unit of an integrated company or other business or nonprofit entity which uses an integrated company or other business or nonprofit entity which uses the Non-Coal minerals in its own manufacturing or power plants;
2. (2) The extraction of non-coal minerals as an incidental part of Federal, State, or local government-financed highway or other construction in accordance with Subchapter 5 of this Chapter;
3. (3) The extraction of non-coal minerals incidental to the extraction of coal;
4. (4) The extraction of non-coal minerals on Indian lands.