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<br />The definition of ''affected land" line 1 through "waste <br />discharge areas" line v is applicable to disturbed areas direct- <br />ly connected with a "mining operation." The emphasized portion of <br />this definition, lines a, 9 and 10 includes other areas which result <br />from or are used in a mining operation. Information to follow- w~T <br />endeavor to estah~sh the fact that the very costly facilities and <br />equipment necessary to manufacture Portland cement does not result <br />from, nor are they used in a particular mining operation, <br />Further analysis of the definition of "affected land," <br />"mining operation," 'development," "extraction," and "refuse" are <br />considered of primary importance to help establish the above state- <br />ment as fact. <br />1'he meaning of "mining operation" given in sentences 1 and 2 <br />of the definition includes only activities pertinent to mineral de- <br />velopment and extraction. P.11 other parts of the definition must <br />be viewed in light of the first sentence. The emphasized portions <br />of sentences 3 and 4 list operations or processes included and ex- <br />cluded from a mining operation. These inclusions and exclusions <br />establish a logical conclusion as related to the definition lines <br />E, 9 and 10 of "affected land" previously emphasized as other areas <br />which result from or are used in a mining operation. The relation- <br />s}iip cone usion is that other areas to be included as "affected land" <br />are only those areas involved in further processing of the same <br />mineral as extracted by the mining operation. In other words, <br />activity necessary to process the mined mineral into a usable or <br />saleable end product, essentially unchanged from the mined mineral <br />being extracted in the mining operation, would be a requirement for <br />an area to result from or be used in a mining operation. <br />Processes such as smelting, refining, or other off-site <br />operation (including manufacturing) would not be included as <br />affected land. Examples of processes excluded from the term <br />mining operation on affected land would be end products such as <br />steel, gypsum, wallboard, or cement. These processes would nor- <br />ma11y be classified as off-site due to facilities that utilize <br />other materials or are not necessarily directly connected to a <br />mining operation. Cement production facilities do not result from <br />a Darticular limestone quarry, nor are the cement productio~cili- <br />ties used in the quarry operation. <br />The attached Portland Cement Association Bulletin titled, <br />"The Making of Portland Cement,'' describes the high burning <br />temperatures necessary to form ne~o minerals with different <br />chemical formulations. Large amounts of energy are also consumed <br />in grinding the raw materials to extreme finenesses for the sole <br />purpose of combining and preparing the raw material for burning. <br />The kiln product, Portland Cement Clinl:er, is in turn ground with <br />other chemical materials to the fineness of face Dowder to make <br />the neca minerals available for later chemical hydration to form <br />concrete. <br />-2- <br />