27-1201. Definitions

In this chapter, unless the context otherwise requires:

1. " Aggregate" has the same meaning prescribed in section 27-441.

2. " Aggregate mining" has the same meaning prescribed in section 27-441.

3. " Aggregate mining facility" means property that is owned, operated or managed by the same person for aggregate mining. Property that is not contiguous but is within the same geographical area and operated as a single aggregate mining complex is considered to be a single aggregate mining facility.

4. " Aggregate mining unit" means an individual portion of an aggregate mining facility that encompasses one or more surface disturbances.

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

6. " Existing aggregate mining unit" means an aggregate mining unit, other than a new aggregate mining unit, that continued operations after April 1, 1997.

7. " Existing exploration operation" means an exploration operation that is ongoing as of the effective date of the initial rules adopted by the inspector pursuant to this chapter.

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

9. " Inactive aggregate mining unit" means an aggregate mining unit that has not been operated after April 1, 1997 and for which there is a current identifiable owner or operator other than the federal or state government.

10. " Inspector" means the state mine inspector.

11. " 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.

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

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

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

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

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

17. " Surface disturbance" means clearing, covering or moving land by means of mechanized earthmoving equipment for aggregate mining and exploration but does not include surveying, assessment and location work, seismic work, maintenance and other such activities that create a de minimis disturbance.