2780

LAWS OF MARYLAND

[Ch. 581

Article — Natural Resources
[[7B]] 6A. SURFACE MINING

[[7-7B01]] 7-6A01. DEFINITIONS.

(A)    IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(B)   "ACTIVE OPERATION" MEANS ONE FROM WHICH A
MINIMUM OF 500 TONS PER ACRE OF PITS BEING MINED,
EXCLUDING COAL, HAS BEEN EXTRACTED FOR COMMERCIAL
PURPOSES IN THE PRECEDING YEAR.

(C)    "AFFECTED LAND" MEANS THE LAND FROM WHICH THE
MINERAL IS REMOVED BY SURFACE MINING, AND ALL OTHER LAND
AREA IN WHICH THE NATURAL LAND SURFACE HAS BEEN DISTURBED
AS A RESULT OF OR INCIDENTAL TO THE SURFACE MINING
ACTIVITIES OF THE OPERATOR, INCLUDING PRIVATE WAYS AND
ROADS APPURTENANT TO THE AREA, LAND EXCAVATIONS,
WORKINGS, REFUSE PILES, SPOIL PILES, TAILINGS[[, STORAGE
AREAS, AND PROCESSING AREAS]].

(D)    "BORROW PIT" MEANS AN AREA FROM WHICH SOIL OR
OTHER UNCONSOLIDATED MATERIALS ARE REMOVED TO BE USED,
WITHOUT FURTHER PROCESSING, AS FILL FOR ACTIVITIES SUCH
AS LANDSCAPING, BUILDING CONSTRUCTION, OR HIGHWAY
CONSTRUCTION AND MAINTENANCE.

(E)   "CONTIGUOUS" MEANS IN ACTUAL CONTACT, SHARING A
COMMON PROPERTY BOUNDARY, OR SEPARATED ONLY BY A STREAM
OR THE RIGHT-OF-WAY OF A ROAD OR HIGHWAY.

(F)   "LAND" MEANS THE SURFACE OF THE LAND UPON WHICH
SURFACE MINING IS CONDUCTED.

(G)   "LANDOWNER" MEANS A PERSON WHO POSSESSES LEGAL
TITLE TO THE LAND.

(H) "MINERALS" MEANS ANY SOLID MATERIAL, AGGREGATE,
OR SUBSTANCE OF COMMERCIAL VALUE, WHETHER CONSOLIDATED OR
LOOSE, FOUND IN NATURAL DEPOSITS ON OR IN THE EARTH,
INCLUDING CLAY, DIATOMACEOUS EARTH, GRAVEL, MARL,
METALLIC ORES, SAND, SHELL, SOIL, AND STONE. THE TERM
DOES NOT INCLUDE COAL.

(I) "MINING AND RECLAMATION PLAN" MEANS THE
OPERATOR'S WRITTEN PROPOSAL AS REQUIRED AND APPROVED BY
THE DEPARTMENT FOR THE CONDUCT OF MINING AND THE
RECLAMATION OF THE AFFECTED LAND.

(J) "NEIGHBORING" MEANS IN CLOSE PROXIMITY OR IN
THE IMMEDIATE VICINITY, BUT NOT IN ACTUAL CONTACT.