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..', <br />Page 2 <br />34-32-102 <br />(e) It is the policy of this state to allocate resources adequate to <br />accomplish the purposes of this article. <br />34-32-103. Definitions. As used in this article, unless the context <br />otherwise requires: <br />(1) "Acid or Toxic Producing Materials" means natural or reworked <br />earth materials having acid or toxic chemical and physical <br />characteristics. <br />(1.5> "Affected Land" means the surface of an area within the state <br />where a mining operation is being or will be conducted, which surface <br />is disturbed- as-a revel-t of-sorb-operation. -~Affec=tedybands--inebude but -- <br />shall not be limited to private ways, roads, except those roads <br />excluded pursuant to this subsection (1.5), and railroad lines <br />appurtenant to any such area; land excavations; prospecting sites; <br />drill sites or workings; refuse banks or spoil piles; evaporation or <br />settling ponds; leaching dumps; placer areas; tailings ponds or dumps; <br />work, parking, storage, or waste discharge areas; and areas in which <br />structures, facflfties, equipment, machines, tools, or other materials <br />or property which result from or are used in such operations are <br />situated. All lands shall be excluded that would be otherwise included <br />as land affected but which have been reclaimed in accordance with an <br />approved plan or otherwise, as may be approved by the board. Affected <br />land shall not include off-site roads which existed prior to the date <br />on which notice was given or permit application was made to the office <br />and which were constructed for purposes unrelated to the proposed <br />mining operation and which will not be substantially upgraded to <br />support the mining operation. <br />(2) "Board" means the mined land reclamation board established by <br />section 34-32-105. <br />(3) "Departrtient" means the department of natural resources or such <br />department, commission, or agency as may lawfully succeed to the powers <br />and duties of such department. - - - <br />(3.5> (a) "Designated Mining Operation" means a mining operation at <br />which: <br />(I) Toxic or acidic chemicals used in extractive metallurgical <br />processing are present on-site; or <br />(II> Acid- or toxic-forming materials will be exposed or disturbed as <br />a result of mining operations. <br />(b) The various types of designated mining operations are identified <br />in section 34-32-112.5. Such mining operations excluded operations <br />which do not use toxic or acidic chemicals in processing for purposes <br />of extractive metallurgy and which will not cause acid mine drainage. <br />