If a borrow pit was between 5 and 30 acres on October 1, 1993 and was not licensed as required under this article, its owner or operator is not required to obtain a license under this article if:
1. Notice of intent to comply. Pursuant to section 490‑C, the owner or operator of the pit files a notice of intent to comply no later than:
A. April 1, 1995, for pits having reclaimed or unreclaimed areas that drain externally or having reclaimed or unreclaimed areas where internal drainage is achieved with berms or other structures; or
B. October 1, 1995, for pits where all reclaimed and unreclaimed lands are naturally internally drained; and
2. Adherence to compliance schedule. By October 1, 1996:
A. All reclaimed and unreclaimed areas that were not naturally internally drained on October 1, 1993 are stabilized or reclaimed;
B. All other conditions existing on October 1, 1993 comply with the performance standards under article 7; and
C. All activities conducted after filing a notice of intent to comply are conducted in compliance with article 7.
An unlicensed borrow pit of 5 or more acres is in violation of this article if the owner or operator of that pit does not file a notice of intent to comply under subsection 1. The written enforcement policy for responding to violations referred to in section 343‑C, subsection 1 does not apply to the owner or operator of an excavation regulated under article 7.