No operator shall engage in mining without having first obtained from the Department an operating permit which covers the affected land provided that no permit shall be required for those activities specifically exempted by the Act. An operating permit shall be required if the affected land for an exploratory excavation involving the development of open pits, trenches, open cuts or tunneling is to exceed two acres. An operating permit will not be required to remove minerals stockpiled prior to July 1, 1974, or if the affected land for an exploratory excavation is to be less than two acres as long as no minerals from such exploratory activity are sold, processed for sale, or consumed in the regular operation of business. A Certificate of Exploration shall be required for exploratory excavations involving the development of open pits, trenches, open cuts or tunneling, and which will affect an area two acres or less. A Certificate of Exploration is not required for core drilling or sample drilling or conducting geophysical and geochemical sampling and analysis.
S.C. Code Regs. § 89-20