27-1223. Creating surface disturbances of five
acres or less


A. Nothing in this chapter shall prevent an owner or operator of an exploration
operation or aggregate mining unit from creating a surface disturbance of five contiguous
acres or less.


B. From and after December 31, 2006, the state mine inspector may require either or
both of the following in the case of a series of surface disturbances of five contiguous
acres or less by the same owner or operator if the series of surface disturbances in
aggregate constitute more than five acres:


1. A reclamation plan under article 3 or 4 of this chapter.


2. A financial assurance mechanism under article 5 of this chapter.