Chapter 23A SURFACE MINING AND RECLAMATION
23A-2 Definitions.
The definitions set forth in this section shall govern the
construction of this chapter.
“Area of regional significance” means an area
designated by the State Mining and Geology Board which is known to contain a
deposit of minerals, the extraction of which is judged to be of prime importance
in meeting future needs for minerals in a particular region of the state within
which the minerals are located and which, if prematurely developed for alternate
incompatible land uses, could result in the premature loss of minerals that are
of more than local significance.
“Area of statewide significance” means an area
designated by the board which is known to contain a deposit of minerals, the
extraction of which is judged to be of prime importance in meeting future needs
for minerals in the state and which, if prematurely developed for alternate
incompatible land uses, could result in the permanent loss of minerals that are
of more than local or regional significance.
“Borrow pits” means excavations created by the
surface mining of rock, unconsolidated geologic deposits or soil to provide
material (borrow) for fill elsewhere.
“Compatible land use” means land uses inherently
compatible with mining and/or that require a minimum public or private
investment in structures, land improvements, and which may allow mining because
of the relative economic value of the land and its improvements. Examples of
such uses may include, but shall not be limited to, very low density
residential, geographically extensive but low impact industrial, recreational,
agricultural, silvicultural, grazing, and open space.
“Haul road” means a road along which material is
transported from the area of excavation to the processing plant or stock pile
area of the surface mining operation.
“Idle” means surface mining operations curtailed
for a period of one year or more, by more than ninety percent of the
operation’s previous maximum annual mineral production, with the intent to
resume those surface mining operations at a future date.
“Incompatible land uses” means land uses
inherently incompatible with mining and/or that require public or private
investment in structures, land improvements, and landscaping and that may
prevent mining because of the greater economic value of the land and its
improvements. Examples of such uses may include, but shall not be limited to,
high density residential, low density residential with high unit value, public
facilities, geographically limited but impact intensive industrial, and
commercial.
“Mined lands” means the surface, subsurface, and
ground water of an area in which surface mining operations will be, are being,
or have been conducted, including private ways and roads appurtenant to any such
area, land excavations, workings, mining waste, and areas in which structures,
facilities, equipment, machines, tools, or other materials or property which
result from, or are used in, surface mining operations are located.
“Minerals” means any naturally occurring chemical
element or compound, or groups of elements and compounds, formed from inorganic
processes and organic substances, including, but not limited to, coal, peat, and
bituminous rock, but excluding geothermal resources, natural gas, and
petroleum.
“Operator” means any person who is engaged in
surface mining operations, or who contracts with others to conduct operations on
his/her behalf, except a person who is engaged in surface mining operations as
an employee with wages as his/her sole compensation.
“Reclamation” means the combined process of land
treatment that minimizes water degradation, air pollution, damage to aquatic or
wildlife habitat, flooding, erosion, and other adverse effects from surface
mining operations, including adverse surface effects incidental to underground
mines, so that mined lands are reclaimed to a usable condition which is readily
adaptable for alternate land uses and create no danger to public health or
safety. The process may extend to affected lands surrounding mined lands, and
may require backfilling, grading, resoiling, revegetation, soil compaction,
stabilization, or other measures.
“Stream bed skimming” means excavation of sand
and gravel from stream bed deposits above the mean summer water level or stream
bottom, whichever is higher.
“Surface mining operation” means all, or any part
of, the process involved in the mining of minerals on mined lands by removing
overburden and mining directly from the mineral deposits, open-pit mining of
minerals naturally exposed, mining by the auger method, dredging and quarrying,
or surface work incident to an underground mine. Surface mining operations
include, but are not limited to, inplace distillation or retorting or leaching,
the production and disposal of mining waste, prospecting and exploratory
activities, borrow pitting, streambed skimming, and segregation and stockpiling
of mined materials (and recovery of same). (Ord. No. 1606, § 2
(part).)