27-901. Definitions


In this chapter, unless the context otherwise requires:


1. "Division" means the division of mined land reclamation in the office of the
state mine inspector.


2. "Existing exploration operation" means an exploration operation that is ongoing
as of July 1, 1996.


3. "Existing mining unit" means a mining unit, other than a new mining unit, that
continued operations after January 1, 1986.


4. "Exploration operations" means activities that create surface disturbances
outside a mining facility and that are conducted to determine the presence, location,
extent, depth or grade of minerals, including constructing access roads and drill pads.


5. "Inactive mining unit" means a mining unit that has not been operated after
January 1, 1986 and for which there is a current identifiable owner or operator other
than the federal or state government.


6. "Inspector" means the state mine inspector.


7. "Maintenance" means an activity to preserve or repair the function of previously
disturbed land, including grading roads, repairing berms or dams and dredging
sedimentation basins.


8. "Mineral" means any metalliferous material extracted from the earth, including
gold, silver, copper, molybdenum, zinc and lead and other materials that are used as
feedstocks in producing metalliferous materials.


9. "Mining facility" means property that is owned, operated or managed by the same
person to develop, mine, concentrate or leach minerals and associated mineral recovery
activities but does not include smelting, refining, fabricating or other metal processing
facilities and materials associated with those facilities. Property that is not
contiguous but is within the same geographical area and operated as a single mining
complex is considered to be a single mining facility.


10. "Mining unit" means an individual portion of a mining facility that encompasses
one or more surface disturbances.


11. "New exploration operation" means an exploration operation that begins after the
effective date of the initial rules adopted pursuant to this chapter.


12. "New mining unit" means a mining unit at which surface disturbances begin after
the effective date of the initial rules adopted pursuant to this chapter.


13. "Reclamation" means measures that are taken on surface disturbances at
exploration operations and mining units to achieve stability and safety consistent with
post-mining land use objectives specified in the reclamation plan.


14. "Soil" means topsoil, suitable substrata or other plant growth media that will
sustain vegetation.


15. "Stability" means the condition of land with respect to its erosion potential
and ability to withstand seismic activity.


16. "Surface disturbance" means clearing, covering or moving land by means of
mechanized earth-moving equipment for mineral exploration, development and production
purposes but does not include surveying, assessment and location work, seismic work,
maintenance and other such activities that create a de minimis disturbance.