§ 38-16-01 — Definitions

In this chapter, unless the context or subject matter otherwise requires:
1. "Affected land" means the area of land from which overburden is removed as the result
of a surface mining operation or upon which overburden or refuse is deposited as the
result of a surface mining operation, or both.
2. "Committee" means the state soil conservation committee.
3. "Landowner" means the owner of land affected by a surface mining operation.
4. "Mineral" includes cement rock, clay, gravel, limestone, manganese, molybdenum,
peat, potash, pumicite, salt, sand, scoria, sodium sulfate, stone, zeolite, or other
minerals, but does not include coal.
5. "Overburden" means all of the earth and other materials which lie above natural
deposits of minerals, and also means such earth and other materials disturbed from
their natural state in a surface mining operation.
6. "Person" means any individual, firm, association, partnership, cooperative,
corporation, limited liability company, or any department, agency, or instrumentality of
the state or any subdivision thereof.
7. "Reclamation" means the reconditioning of the area of land affected by a surface
mining operation to make the area suitable for productive use, including, but not
limited to, forestry, agriculture, grazing, wildlife, recreation, residential, and industrial
sites.
8. "Surface mining operation" relates to the mining of minerals by removing the
overburden lying above natural deposits thereof, and mining directly from the natural
deposits thereby exposed which will, within one calendar year, result in the removal of
ten thousand cubic yards [7645.55 cubic meters] or more of product, including
overburden, or affect one-half acre [.20 hectare] or more.