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).
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