Section 70. Exemptions

A. These regulations shall not apply to:

1. Excavation or grading when conducted solely to aid on-site farming or construction;

2. Mining of coal, unless the coal is mined incidental to the mining of minerals;

3. Searching, prospecting, exploring or investigating for minerals by drilling; and

4. Excavation or grading when conducted by an agency or governmental unit of the Commonwealth, local government, or the federal government using government employees.

B. The surface extraction of minerals shall not constitute mineral mining unless:

1. The mineral is extracted for its unique or intrinsic characteristics or:

2. The mineral requires processing prior to its intended use.

C. When considering whether an operation is exempt, the director shall consider the length of time or duration of the activity, whether it is a one-time activity, and whether all necessary permits and approvals are in place before the activity begins.

Historical Notes

Derived from Volume 19, Issue 24, eff. September 11, 2003.

Statutory Authority

§§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.