§ 15-57-310 - Necessity of permit -- Effective date.
               	 		
15-57-310.    Necessity of permit -- Effective date.
    (a)  It  shall be unlawful for any operator to engage in open-cut mining without  first obtaining from the Arkansas Department of Environmental Quality a  permit to do so in the form required by the Arkansas Department of  Environmental Quality.
(b)  An  operator shall be deemed to be engaged in open-cut mining when he or she  affects any land in preparation for open-cut mining.
(c)    (1)  Notwithstanding  the provisions of this section, the Arkansas State Highway and  Transportation Department 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)  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)  The  occasional sale of material to the Arkansas State Highway and  Transportation Department by an open-cut mine operator does not exempt  the operator from complying with his or her permit requirements or of  the requirements of this subchapter.
      (4)  Where  reclamation requirements of the operator will interfere with a  contractual agreement with the Arkansas State Highway and Transportation  Department, the operator shall be allowed to revise his or her  reclamation plan and schedule of completion accordingly and in keeping  with the declaration of policy of this subchapter.
(d)    (1)  Nothing  in this subchapter shall be construed to require any operator to  reclaim or revegetate any area affected by open-cut mining prior to July  1, 1971.
      (2)  Nothing in this  subchapter 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)  Nothing  in this subchapter shall be construed to apply to the removal of soil,  shale, or stone at a quarry operation that is regulated under the  Arkansas Quarry Operation, Reclamation and Safe Closure Act,    15-57-401  et seq.
      (4)  Nothing in this  subchapter shall be construed to apply to any excavation activity  associated with the improvement or maintenance of any agricultural lands  or associated irrigation systems.
(e)  The  requirements of this subchapter shall not apply to the non-commercial  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 construction,  improvement, or maintenance of roads on any of the owner's lands, for  any environmental improvements to previously disturbed lands, or for the  concurrent or short-term excavation of materials for ninety (90) days  or less during the construction of buildings either for residential,  commercial, or industrial purposes.
(f)    (1)  The  mining of gravel or other materials from streams or stream beds shall  comply with the permitting requirements of this subchapter.
      (2)  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.
(g)    (1)  The Arkansas Department of Environmental Quality shall develop regulations to implement the provisions of this chapter.
      (2)  The  Arkansas Department of Environmental Quality shall develop  documentation that will guide an operator through the permitting  process.