_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

(21) "Owner of rece" means the owner or owners AD surface property interest
shown on the records of the county assessor as of the date of filing.
(22) "Person" includes individual , corporation, governmental subdivision or
agency, business trust , estate , trust , partnership, association or any
other legal entity.
103(12) (23) "Prospecting" means the act of searching for or investigating a mineral
deposit. "Prospecting" includes, but is not limited to, sinking shafts,
tunneling, drilling, core and bore holes and digging pits or cuts and other
works for the purpose of extracting samples prior to commencement of
development or extraction operations, and the building of roads, access
ways, and other facilities related to such work. The term does not include
those activities which cause no or very little surface disturbance, such
as airborne surveys and photographs , use of instruments or devices which
are hand-carried or otherwise transported over the surface to make magnetic,
radioactive, or other tests and measurements , boundary or claim surveying ,
location work, or other work which causes no greater land disturbance than
is caused by ordinary lawful use of the land by persons not prospecting.
The term also does not include any single activity which results in the
disturbance of a single block of land totalling one thousand six hundred
square feet or less of the land ' s surface , not to exceed two such dis-
turbances per acre; except that the cumulative total of such disturbances
will not exceed five acres statewide in any prospecting operation extending
over twenty-four consecutive months.
1030 3) (24) "Reclamation" means the employment during and after a mining operation
of procedures reasonably designed to minimize as much as practicable the
disruption from the mining operation and to provide for the rehabilitation
of affected land through the rehabilitation of plant cover, soil stability,
water resources , or other measures appropriate to the subsequent beneficial
use of such mined and reclaimed lands. �s
103(14) (25) "Refuse" means all waste material directly connected with the cleaning
and preparation of substances mined by a mining operation.
(26) "Regular operation" applies to all mining operations not included within
the definitions of limited impact , special or prospecting operations.
See RULE 2 in these Rules and Regulations .
HIM (27) "Special operation" applies to any sand, gravel or quarry aggregate
operation, or combination thereof:
(a) which is operated for the sole purpose of obtaining materials for
highway, road, utility, or similar construction;
(b) under a federal , state, county, city, town, or special district
contract :
(c) where the contract calls for work to be commenced within a specifically
short time; and
(d) which will affect ten acres or less.
See RULE 4 in these Rules and Regulations.
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