27-1203.01. Exemption for limited, intermittent-use projects

A. The regulatory and reclamation provisions of this chapter do not apply to an aggregate mining unit that is intermittently used for specific governmental projects if it meets all of the following conditions:

1. The aggregate mining unit consists of:

(a) A surface disturbance of not more than twenty contiguous acres.

(b) A single pit of not more than ten acres.

2. The aggregate mining unit is subject to the requirements of the clean water act (33 United States Code chapter 26).

3. The depth of excavation will not exceed twenty-five feet below the lowest existing surface elevation.

4. The aggregate material removed from the excavation is used solely for governmental projects and not for any private commercial purpose.

5. At the end of the specific project use, the unit will be reclaimed in a manner consistent with the requirements of the owner of the land and all safety conditions prescribed by law.

B. This section does not supersede the requirements of a flood control district to maintain the stability and the flood carrying capacity of the floodplain.

C. This section does not apply to aggregate mining units that are within the exterior boundaries of an incorporated city or town or that are in an unincorporated area of a county that is surrounded on all sides by one or more incorporated cities or towns.

27-1203.01. Exemption for limited, intermittent-use projects

A. The regulatory and reclamation provisions of this chapter do not apply to an aggregate mining unit that is intermittently used for specific governmental projects if it meets all of the following conditions:

1. The aggregate mining unit consists of:

(a) A surface disturbance of not more than twenty contiguous acres.

(b) A single pit of not more than ten acres.

2. The aggregate mining unit is subject to the requirements of the clean water act (33 United States Code chapter 26).

3. The depth of excavation will not exceed twenty-five feet below the lowest existing surface elevation.

4. The aggregate material removed from the excavation is used solely for governmental projects and not for any private commercial purpose.

5. At the end of the specific project use, the unit will be reclaimed in a manner consistent with the requirements of the owner of the land and all safety conditions prescribed by law.

B. This section does not supersede the requirements of a flood control district to maintain the stability and the flood carrying capacity of the floodplain.

C. This section does not apply to aggregate mining units that are within the exterior boundaries of an incorporated city or town or that are in an unincorporated area of a county that is surrounded on all sides by one or more incorporated cities or towns.