§ 15-58-106 - Exempt activities.
               	 		
15-58-106.    Exempt activities.
    The provisions of this chapter shall not apply to any of the following activities:
      (1)  The  mining, surface or otherwise, of any minerals or materials other than  coal. All minerals and materials other than coal shall, when applicable,  be regulated according to the Arkansas Open-Cut Land Reclamation Act of  1977 (repealed);
      (2)  The extraction of coal by a landowner for his or her own noncommercial use from land owned or leased by him or her;
      (3)  The  extraction of coal as an incidental part of federal, state, or local  government-financed highway or other construction under regulations  established by the Arkansas Pollution Control and Ecology Commission; or
      (4)  The  extraction of coal incidental to the extraction of other minerals where  coal does not exceed sixteen and two-thirds percent (162/3%) of the  tonnage of minerals removed for purposes of commercial use or sale or  for coal exploration.