Applicability and Exemptions

Applicability and Exemptions A. Any person engaging in surface mining or surface mining operations in the State of Mississippi shall be required to conform to and comply with all applicable provisions of the Act and these Regulations. B. Except as expressly provided, the Act and these Regulations shall not apply to: (1) Excavations made by the owner of land for the owner’s use and not for commercial purposes, where the materials removed do not exceed one thousand (1,000) cubic yards per year and where one (1) acre or less of land is affected. (2) Excavations made by a public agency on a one-time basis for emergency use at an emergency site if: (a) the excavation lies in the vicinity of the emergency site and affects less than one-fourth (1/4) acre of mined surface area; (b) the landowner has signed a statement giving approval for the removal of the materials; and (c) the public agency notifies the Department as required by the Commission within two (2) working days of the removal of the materials. (3) Operations for any materials on any affected area conducted before April 15, 1978, unless it has been reclaimed, including natural vegetation. These Regulations shall apply to any additional land which the operation extended to or encompassed after April 15, 1978. (4) Operations for any materials that affect four (4) acres or less and are greater than one thousand three hundred and twenty (1320) feet from any other affected area if: (a) the operation began before July 1, 2002; and (b) the operator notified the Department of the commencement, expansion or resumption of the operation before July 1, 2002. (5) Operations for any materials that affect four (4) acres or less, are greater than one thousand three hundred and twenty (1320) feet from any other affected area, and commenced after July 1, 2002, if the operator notifies the Department at least seven (7) calendar days before commencement or expansion of the operation. The seven day notice prior to mining requirement shall be waived and the operator may begin mining immediately after notifying the Department if: (a) The operator agrees, in the notification, to reclaim the mine site in accordance with the minimum standards adopted by the Commission; or (b) The exempted operation is conducted for Mississippi Department of Transportation (MDOT) projects or state aid road construction projects funded in whole or in part by public funds. (6) Excavations made by the owner of land where the materials removed are transported to another location on that same land without using any public highway, road or street, and where the distance between the excavation and the location where the materials are deposited does not exceed five (5) miles; provided, that the owner of such land has the legal right to the materials. C. If a landowner refuses to allow the operator to complete reclamation in accordance with minimum standards or interferes with or authorizes a third party to disturb or interfere with reclamation in accordance with minimum standards, the landowner shall assume the exempt notice and shall be responsible for any reclamation. D. All operations exempted under Miss. Code Ann. §§ 53-7-7(2)(d) and 53-7-7(2)(e) of the Act and Rule 1.2.1.B(4) or (5) of these Regulations shall be subject to the prohibitions on mining in certain areas contained in Miss. Code Ann. §§ 53-7-49 and 53-7-51 and Rule 1.4.1, et seq. of these Regulations and may be subject to the penalties set forth in the Act and these Regulations. E. Any operator conducting operations exempted under Miss. Code Ann. §§ 53-7-7(2)(b) or 53-7- 7(2)(e) and Rule 1.2.1.B(2) or (5) of these Regulations, failing to notify the Department, may be subject to penalties provided in the Act and these Regulations. Any operator of an exempted surface mining operation who agrees in the notification to reclaim and fails to reclaim in accordance with that paragraph may be subject to penalties as provided in the Act and these Regulations. F. The Department may investigate any mining, or mining operations, or suspected mining, to ensure compliance with the Act and these Regulations.