Section 27.19.100. Definitions.
Latest version.
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In this chapter,
(1) "lode mine" means a mining operation that removes the minerals from consolidated rock rather than from a placer deposit;
(2) "materials" means sand, gravel, riprap, rock, limestone, slate, peat, and other substances from the ground that are not locatable or leasable under state law;
(3) "mined area"
(A) means an active site of physical extraction, stockpiling, or the disposal of ore, overburden, tailings, or processed materials, stream diversions, bypasses, and settling ponds;
(B) does not include reclaimed areas approved by the commissioner;
(4) "miner" means the owner, operator, or leaseholder of a mining operation;
(5) "mining operation"
(A) means each function, work, facility, and activity in connection with the development, extraction, and processing of
(i) a locatable or leasable mineral deposit except oil, gas, or coal;
(ii) other materials or of a sand and gravel deposit; and
(iii) each use reasonably incident to the development, extraction, and processing of a locatable or leasable mineral deposit or materials;
(B) includes the construction of facilities, roads, transmission lines, pipelines, and other support facilities;
(6) "reclamation plan" means a plan submitted by a miner under regulations adopted by the commissioner for the reclamation of a proposed mining operation;
(7) "stable condition" means the rehabilitation, where feasible, of the physical environment of the site to a condition that allows for the reestablishment of renewable resources on the site within a reasonable period of time by natural processes;
(8) "state land" includes
(A) the land of the University of Alaska;
(B) the land of state corporations;
(9) "unnecessary and undue degradation"
(A) means surface disturbance greater than would normally result when an activity is being accomplished by a prudent operator in usual, customary, and proficient operations of similar character and considering site specific conditions;
(B) includes the failure to initiate and complete reasonable reclamation under the reclamation standard of AS 27.19.020 or an approved reclamation plan under AS 27.19.030(a).
Notes
Implemented As
11 AAC 97.100
11 AAC 97.200
11 AAC 97.250
11 AAC 97.300
11 AAC 97.310
11 AAC 97.320
11 AAC 97.330
11 AAC 97.340
11 AAC 97.350
11 AAC 97.700
11 AAC 97.910
11 AAC 97.990
References
11 AAC 97.200
11 AAC 97.990
History
(Sec. 1 ch 92 SLA 1990; am Sec. 7 ch 137 SLA 2004)