_ENFORCEMENT - M1978352 ‎(13)‎

• Permit No: M1978352
• IBM Index Class Name: Enforcement
• Doc Name: APPENDIX TO MEMORANDUM BRIEF IN SUPPORT OF DEFENDANTS MOTION TO DISMISS OR IN ALTERNATIVE FOR SUMMAR
• Media Type: D
• Archive: No

t:ULE ' 1: GENERAL PROVISIONS • •
1. 1 Definitions
(1) "Acid and toxic producing materials" means natural or reworked earth
materials having chemical and physical characteristics that, under mining
or postmining conditions of drainage, exposure, or other processes , pro-
duce materials which contain detrimental amounts of chemical constitutents
such as acids , bases, or metallic compounds.
1030) (2) "Affected land" means the disturbed surface of an area within the state
where a mining operation is being or will be conducted, including, but
not limited to, on site private ways , roads , and railroad lines appurtenant
to any such area; land excavations; prospecting sites; drill sites or
workings; refuse banks or spoil piles ; evaporation or settling ponds ;
leaching dumps; placer areas ; tailing ponds or dumps : work, parking,
storage, or waste discharge areas; and areas in which structures, facili -
ties , equipment, machines , tools , or other materials or property which
result from or are used in such operations are situated. All lands shall
be excluded that would be otherwise includable as land affected but which
have been reclaimed in accordance with an approved plan or otherwise, as
may be approved by the board.
103(2) (3) "Board" means the Mined Land Reclamation Board.
(4) "Calendar Year" means January lst through December 31st.
103(3) (5) "Department" means the Department of Natural Resources or such department,
commission, or agency as may lawfully succeed to the powers and duties of
such department.
103(4) (6) "Development" means the work performed in relation to a deposit , following
the exploration required to prove minerals are in existence in commercial
quantities but prior to production activities , aimed at , but not limited to,
preparing the site for mining, defining further the ore deposit by drilling
or other means, conducting pilot operations, constructing roads or
ancillary facilities , and other related activities.
(7) "Disturbance" is sometimes categorized as "Major", "Moderate", or "Minor".
See Section 2 . 12(4) in these Rules /hereinafter referred to as Section/
for detailed definitions of each.
(8) "Division" means the Mined Land Reclamation Section of the Department of
Natural Resources.
(9) "Extraction" means the removal of minerals and/or overburden from places
of natural occurrence to surface locations.
( 10) "Filed", "Submitted", "Received". These words , as respectively
stated in Rules 2, 3 and hall become operative when the
Division determines that an application received in its offices
contains the minimum information required by the Mined Land
Reclamation Act of 1976 and the Rules and Regulations lawfully
promulgated under this Act . This determination that the appli-
cation is procedurally complete ( i .e. , "Filed , "Submitted",
or "Received.) shall be communicated by letter to the applicant.
The applicant shall be deemed "notified" on the date of the
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