82-4-310. Exemption -- scale and type of activity. (1) A person is exempt from this part when the person is engaging in a mining activity that does not:
     (a) use motorized excavating equipment;
     (b) use blasting agents;
     (c) disturb more than 100 square feet or 50 cubic yards of material at any site;
     (d) leave unreclaimed sites that are less than 1 mile apart;
     (e) use mercury in any operations except in a contained facility that prevents the escape of any mercury into the environment; or
     (f) use a cyanide ore-processing reagent or other metal leaching solvents or reagents in any operations.
     (2) A person is exempt from this part when the person is engaging in a mining activity using a suction dredge if:
     (a) the dredge in use has an intake of 4 inches in diameter or less;
     (b) the person does not operate the dredge beyond the area of the streambed that is naturally under water at the time of operation; and
     (c) the person has obtained for the activity:
     (i) project approval pursuant to Title 75, chapter 7, part 1; and
     (ii) a discharge permit issued pursuant to 75-5-402 and has paid the applicable fee provided in 75-5-516(12).
     (3) This part does not apply to a person who, on land owned or controlled by that person, allows other persons to engage in mining activities if those activities cumulatively meet the requirements of subsection (1).

     History: En. Sec. 24, Ch. 252, L. 1971; R.C.M. 1947, 50-1224; amd. Sec. 3, Ch. 272, L. 1997; amd. Sec. 3, Ch. 507, L. 1999; amd. Sec. 3, Ch. 468, L. 2003.