(1) The owners of lands on which are situated open-cut mining pits that are not subject to the requirements of the Arkansas Open-Cut Land Reclamation Act of 1977 [repealed] or any other land reclamation laws of this state are authorized to make voluntary environmental or aesthetic improvements to reclaim or improve the lands and the open-cut mining pits thereon after first giving written notice of the proposed improvements to the Division of Environmental Quality.
(2) Any environmental or aesthetic reclamation or improvement of the lands shall not be construed to be open-cut mining as defined in the Arkansas Open-Cut Land Reclamation Act of 1977 [repealed] and shall not subject the lands, pits, or the owners thereof to the requirements of the provisions of the open-cut land reclamation laws of this state.