HARRY HUGHES, Governor

1121

[(f)] (E) "Deep mining" means any method of extracting
coal from the subsurface, except open-pit mining and auger
mining, and includes methods such as drift mining, shaft
mining, and inclined slope mining.

[(g)] (F) "Degree" means the angle of slope from the
horizontal.

(G) "DEPARTMENT" MEANS THE DEPARTMENT OF NATURAL
RESOURCES.

[(h) "Final report" or "final reclamation report"
means the mining and reclamation final report.]

(H) "FEDERAL APPROVAL OF THE STATE PROGRAM" MEANS
APPROVAL BY THE FEDERAL GOVERNMENT PURSUANT TO THE FEDERAL
SURFACE MINING AND RECLAMATION ACT OF 1977 (P.L. 95-87).

(I) "IMMINENT DANGER TO THE HEALTH AND SAFETY OF THE
PUBLIC" MEANS THE EXISTENCE OF A CONDITION WHICH IS
REASONABLY EXPECTED TO CAUSE SUBSTANTIAL PHYSICAL HARM TO
PERSONS OUTSIDE THE PERMIT AREA. A REASONABLE EXPECTATION
OF HARM EXISTS IF A RATIONAL PERSON WOULD NOT SUBJECT
HIMSELF TO THE DANGER.

[(i)] (J) "Land" means the surface of the land on
which open-pit mining is conducted.

[(j)] (K) "Land affected" means land from which the
overburden is removed, land occupied by spoil or haul roads,
or land associated with or affected by strip mining.

[(k)] (L) "Landowner" means person in whom the legal
title to the land is vested.

[(1)] (M) "Net project construction cost" means the
part of the project construction cost paid from the
revolving account equal to the project construction cost
less the cash contribution of the owner of the benefited
property on completion of construction.

[(m)] (N) "Open-pit mining" or "strip mining" means
the mining or recovery of bituminous coal by removing the
strata or material which overlies or is above the coal
deposit or seam in its natural condition. It includes auger
mining.

[(n) "Operation" means any pit located on a single
tract of land or a continuous pit embracing or extending
upon two or more contiguous tracts of land.]

(o) "Operator" means a person engaged in open-pit
mining as a principal as distinguished from an agent or
independent contractor.

(p) "Orphaned land" means land on which open-pit
mining was conducted before June 1, 1967 and which has not
been reclaimed.