Section 27-1223 - Creating surface disturbances of five acres or lessA. Nothing in this chapter shall prevent an owner or operator of an exploration operation or aggregate mining unit from creating a surface disturbance of five contiguous acres or less.B. From and after December 31, 2006, the state mine inspector may require either or both of the following in the case of a series of surface disturbances of five contiguous acres or less by the same owner or operator if the series of surface disturbances in aggregate constitute more than five acres:1. A reclamation plan under article 3 or 4 of this chapter.2. A financial assurance mechanism under article 5 of this chapter.