(b) The provisions of this article do not apply to quarrying on federal lands when performed under a valid permit from the appropriate federal agency having jurisdiction over the land.
(c) The provisions of this article do not apply to the following activities:
(1) Operations engaged only in processing minerals;
(2) Excavation or grading conducted solely in aid of on-site farming or on-site construction for purposes other than quarrying;
(3) Removal of overburden and of limited amounts of any mineral when done only for the purpose of prospecting and to the extent necessary to determine the location, quantity or quality of any natural deposit, if no minerals are sold, processed for sale or consumed in the regular operation of business;
(4) The handling, processing or storage of minerals on the premises of a manufacturer as a part of any manufacturing process that requires minerals as raw material;
(5) The removal or deposit of backfill material associated with construction, farming and noncommercial activities;
(6) Noncommercial quarry operations by a landowner if the disturbed area does not exceed one acre in area, upon notice to the director by the owner of his or her intent to establish the quarry.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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