HARRY HUGHES, Governor                                     3077

of any kind, or any partnership, firm, association, public or
private corporation, or any other entity.

(p) "Pit" means the place any minerals are being mined by
the surface mining method.

(q) "Pre-law surface mine" means a noncoal surface mine
which was mined and unreclaimed prior to January 1, 1977.

(r) "Reclamation" means the reasonable rehabilitation of
the affected land for useful purposes and the protection of the
natural resources of the surrounding area including ponds.

(s) "Refuse" means all waste soil, rock, mineral, scrap,
tailings, slimes, and other materials directly connected with the
mining, cleaning, and preparation of substances mined and
includes all waste materials deposited on or in the permit area
from other sources.

(t) "Spoil pile" means the overburden and reject materials
as piled or deposited in surface mining.

(u) [(1)] "Surface mining" means all of the following:

[(i)] (1) The breaking of the surface soil in
order to facilitate or accomplish the extraction or removal of
minerals;

[(ii)] (2) Any activity or process constituting
all or part of a process for the extraction or removal of
minerals from their original location; [and] OR

[(2) "Surface mining" does not mean any of the
following:

(i) Those aspects of deep mining which do not
have a significant effect on the surface, if the affected land
does not exceed three acres in area;

(ii) Operations engaged in processing minerals;

(iii) Excavation or grading conducted solely in
aid of on-site farming or on-site construction for purposes other
than mining;

(iv) Removal of overburden and mining of
limited amounts of any mineral when done only for the purpose of
prospecting and to the extent necessary to determine the
location, quantity, or quality of any natural deposit, if no
minerals are sold, processed for sale, or consumed in the regular
operation of a business;

(v) The handling, processing, or storage of
slag and stone on the premises of a manufacturer as a part of the
manufacturing process which requires stone as a raw material or
produces slag as a by-product;