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(1) "Acid or toxic producing materials" means natural or reworked earth materials <br />having acid or toxic chemical and physical characteristics. <br />(1.5) "Affected land" means the surface of an area within the state where a mining <br />operation is being or will be conducted, which surface is disturbed as a result of such <br />operation. Affected lands include but shall not be limited to private ways, roads, except <br />those roads excluded pursuant to this subsection (1.5), and railroad lines appurtenant to any <br />such area; land excavations; prospecting sites; drill sites or workings; refuse banks or spoil <br />piles; evaporation or settling ponds; leaching dumps; placer areas; tailings ponds or dumps; <br />work, parking, storage, or waste discharge areas; and areas in which structures, facilities, <br />equipment, machines, tools, or other materials or property which result from or are used in <br />such operations are situated. All lands shall be excluded that would be otherwise included <br />as land affected but which have been reclaimed in accordance with an approved plan or <br />otherwise, as may be approved by the board. Affected land shall not include off-site roads <br />which-existed=prior.•to-the-date on--which-notic-e-wa`s given or permit apglicatio`n was made <br />to the office and which were constructed for purposes unrelated to the proposed mining <br />operation and which will not be substantially upgraded to support the mining operation or <br />off-site groundwater monitoring wells. <br />(2) "Board" means the mined land reclamation board established by section <br />34-32-105. <br />(3) "Department" means the department of natural resources or such department, <br />commission, or agency as may lawfully succeed to the powers and duties of such department. <br />(3.5) (a) "Designated mining operation" means a mining operation at which: <br />(I) Toxic or acidic chemicals used in extractive metallurgical processing are present <br />on-site; or <br />(II) Acid- or toxic-forming materials will be exposed or disturbed as a result of <br />mining operations. <br />(b) The various types of designated mining operations are identified in section <br />34-32-112.5. Such mining operations exclude operations which do not use toxic or acidic <br />chemicals in processing for purposes of extractive metallurgy and which will not cause acid <br />mine drainage. <br />(4) "Development" means the work performed in relation to a deposit, following the <br />prospecting required to prove minerals are in existence in commercial quantities but prior to <br />production activities, aimed at, but not limited to, preparing the site for mining, defining <br />further the ore deposit by drilling or other means, conducting pilot plant operations, <br />constructing roads or ancillary facilities, and other related activities. <br />(4.5) "Director" means the director of the division of reclamation, mining, and safety <br />or such officer as may lawfully succeed to the powers and duties of such director. <br />(4.7) "Division" means the division of reclamation, mining, and safety or such agency <br />as may lawfully succeed to the powers and duties of such division. <br />(4.9) "Environmental protection plan" means a plan submitted by a designated mining <br />operation for approval as part of the operator's or applicant's permit for such operation <br />-2- <br />December 4, 2007