Surface coal mining operations not subject to this article.

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(1) The provisions of this article shall not apply to any of the following activities:

  1. The extraction of coal by a landowner for such landowner's own noncommercial usefrom land owned or leased by said landowner; and

  2. (Deleted by amendment, L. 92, p. 1895, § 5, effective May 29, 1992.)

  3. The extraction of coal as an incidental part of federal, state, or local governmentfinanced highway or other construction under regulations established by the board.

Source: L. 79: Entire article added, p. 1300, § 1, effective July 1. L. 92: Entire section amended, p. 1895, § 5, effective May 29.


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