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operation is being or will be conducted, which surface is disturbed as a result of an operation.
<br />Affected lands include, but shall not be limited to, private ways, roads (except those roads
<br />excluded by this subsection (1)); land excavations; exploration sites; drill sites or workings;
<br />refuse banks or spoil piles; evaporation or settling ponds; work, parking, storage, or waste
<br />discharge areas; and areas in which structures, facilities, equipment, machines, tools, or other
<br />materials or property that result from or are used in such operations are situated. Affected
<br />land" does not include land that has been reclaimed pursuant to an approved plan or
<br />otherwise, as may be approved by the board, or off-site roads that were constructed for
<br />purposes unrelated to the proposed operation, were in existence before a permit application
<br />was filed with the office, and will not be substantially upgraded to support the operation or
<br />off-site groundwater monitoring wells.
<br />(1.5) "Aggrieved" means suffering actual loss or injury, or being exposed to potential
<br />loss or injury, to legitimate interests. Such interests include, but are not limited to, business,
<br />economic, aesthetic, governmental, recreational, or conservational interests.
<br />(2) "Board" means the mined land reclamation board established by section
<br />34-32-105.
<br />(3) "Construction material" means rock, clay, silt, sand, gravel, limestone, dimension
<br />stone, marble, or shale extracted for use in the production of nonmetallic construction
<br />products.
<br />(4) "Department" means the department of natural resources.
<br />(5) "Development" means work performed with respect to a construction materials
<br />deposit following the exploration required to prove construction materials are in existence
<br />in commercial quantities but prior to production activities. Development work includes, but
<br />is not limited to,. work that must be performed for the purpose of preparing the site for
<br />mining, defining further the deposit by drilling or other means, conducting pilot plant
<br />operations, constructing roads or ancillary facilities, and other related activities.
<br />(6) "Director" means the director of the division of reclamation, mining, and safety.
<br />(7) "Division" means the division of reclamation, mining, and safety created in
<br />section 34=20-103.
<br />(8) "Executive director" means the executive director of the department of natural
<br />resources.
<br />(9) "Exploration" means the act of searching for or investigating a construction
<br />materials deposit. "Exploration" includes, but is not limited to, sinking shafts, tunneling,
<br />drilling core and bore holes, and digging pits, cuts, or other works for the purpose of
<br />extracting samples prior to the commencement of development or extraction, and the
<br />building of roads, access ways, and other facilities related to such work. "Exploration" does
<br />not include:
<br />(a) An activity that causes very little or no surface disturbance, such as airborne
<br />surveys and photographs, the use of instruments or devices that are hand-carried or otherwise
<br />transported over the surface to make magnetic, radioactive, or other tests and measurements,
<br />boundary or claim surveying, location work, or other work that causes no greater land
<br />disturbance than is caused by ordinary lawful use of the land by persons not involved in
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