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Page 7 <br />Construction Materials Rule 1 <br />to3(t5) (31) "O^pen Mining" means the extraction of construction materials <br />by removing the overburden lying above such deposits and mining directly <br />from the deposits thereby exposed. The term includes mining directly from <br />such deposits where there is no overburden. The term includes, but is not <br />limited to, such practices as open cut mining, open pit mining, strip mining, <br />quarrying, and dredging. <br />103(6) (32) "Operator" -means any person, firm, partnership, association, <br />corporation, or any departrnent, division, or agency of federal, state, county, or <br />municipal government engaged in or controlling a mining operation. <br />103(7) (33) "Overburden" means all of the earth and other materials which <br />lie above natural construction materials and also means such earth and other <br />materials disturbed from their natural state in the process of nursing. <br />(34) "Owner of Record" means the owner or owners of a surface <br />property interest shown on the records of the County Assessor as of the date <br />of filing. <br />to3p7) (35} "Performance Warranty" shall mean a written promise to the <br />1[7(2) Board; by the operator, to comply with all requirements of the Act. <br />(36) "Permittee" means any person holding a mining Permit. <br />(37) "Person" means any individual, firm, partnership, joint venture, <br />association, limited liability company, or corporation or other entity, or any <br />department, division, or agency of federal, state, county, or municipal <br />government. <br />(38) . "Point of Comoliance" means locations down-gradient of the <br />facility or activity at which water sampling may be conducted to demonstrate <br />compliance with applicable groundwater standazds established by the Water <br />Quality Control Commission, or permit conditions acquired by the Office or <br />Board to measure compliance with the MLRB permit. <br />(39) "Processine" means any activities associated with the <br />preparation of construction materials for use. These activities include, but are <br />not limited to: on-site transport, waste products from air emissions control and <br />