§ 23-2705. Definitions.\n As used in this title, unless the context otherwise requires:\n 1. "Abandoned" means the cessation of mining and reclamation\nactivities on land affected by mining without prior notification to the\ndepartment of such cessation of activities or without describing such\ncessation in a mined land-use plan approved by the department, and after\nopportunity to be heard.\n 2. "Affected land" and "land affected by mining" means the sum of that\nsurface area of land or land under water which:
(i)has been disturbed\nby mining since April first, nineteen hundred seventy-five and not been\nreclaimed, and (ii) is to be disturbed by mining during the term of the\npermit to mine.\n 3. "Applicant" means that person making application to the department\nfor a mining permit.
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§ 23-2705. Definitions.\n As used in this title, unless the context otherwise requires:\n 1. "Abandoned" means the cessation of mining and reclamation\nactivities on land affected by mining without prior notification to the\ndepartment of such cessation of activities or without describing such\ncessation in a mined land-use plan approved by the department, and after\nopportunity to be heard.\n 2. "Affected land" and "land affected by mining" means the sum of that\nsurface area of land or land under water which: (i) has been disturbed\nby mining since April first, nineteen hundred seventy-five and not been\nreclaimed, and (ii) is to be disturbed by mining during the term of the\npermit to mine.\n 3. "Applicant" means that person making application to the department\nfor a mining permit.\n 4. "Haulageway" means all roads utilized for mining purposes, together\nwith that area of land over which material is transported, that are\nlocated within the permitted area.\n 5. "Mine" means any excavation from which a mineral is to be produced\nfor sale or exchange, or for commercial, industrial or municipal use;\nall haulageways and all equipment above, on or below the surface of the\nground used in connection with such excavation, and all lands included\nin the life of the mine review by the department.\n 6. "Mined land-use plan" means a document, consisting of a mining plan\nand a reclamation plan, which describes proposals for conduct of the\napplicant's mining operation and reclamation of the land to be mined to\nachieve the purposes of this title.\n 7. "Mineral" means any naturally formed, usually inorganic, solid\nmaterial located on or below the surface of the earth. For the purposes\nof this title, peat and topsoil shall be considered minerals.\n 8. "Mining" means the extraction of overburden and minerals from the\nearth; the preparation and processing of minerals, including any\nactivities or processes or parts thereof for the extraction or removal\nof minerals from their original location and the preparation, washing,\ncleaning, crushing, stockpiling or other processing of minerals at the\nmine location so as to make them suitable for commercial, industrial, or\nconstruction use; exclusive of manufacturing processes, at the mine\nlocation; the removal of such materials through sale or exchange, or for\ncommercial, industrial or municipal use; and the disposition of\noverburden, tailings and waste at the mine location. "Mining" shall not\ninclude the excavation, removal and disposition of minerals from\nconstruction projects, exclusive of the creation of water bodies, or\nexcavations in aid of agricultural activities.\n 9. "Mining plan" means a description of the applicant's mining\noperation which shall include maps, plans, written materials and other\ndocuments as required by the department.\n 10. "Overburden" means all of the earth, vegetation and other\nmaterials which lie above or alongside a mineral deposit.\n 11. "Permittee" means any person who holds a valid mining permit from\nthe department for the boundaries of the land identified in the mined\nland-use plan.\n 12. "Person" means any individual, public or private corporation,\npolitical subdivision, government agency, department or bureau of the\nstate, municipality, industry, partnership, association, firm, trust,\nestate or any other legal entity whatsoever.\n 13. "Person engaged in mining" means a person who is subject to this\ntitle but who is mining without a mining permit issued by the\ndepartment.\n 14. "Reclamation" means the conditioning of the affected land to make\nit suitable for any uses or purposes consistent with the provisions of\nthis title.\n 15. "Reclamation plan" means a description of operations to be\nperformed by the applicant to reclaim the land to be mined over the life\nof the mine. The reclamation plan shall include maps, plans, the\nschedule for reclamation, written material and other documents as\nrequired by the department.\n 16. "Spoil" means any waste material removed from its natural place in\nthe process of mining and all waste material directly connected with the\ncleaning and preparation of any minerals.\n 17. "Tailings" means material of inferior quality or value resulting\nfrom the removal, preparation or processing of minerals.\n