§ 19-4. Definitions.

[The following terms, when used in this chapter, shall have the meanings ascribed to them herein, unless context clearly indicates a different meaning:]

Adjoining means neighboring, contiguous, or next to.

Approved master mining plan (AMMP) means the plan approved by the board of county commissioners which sets forth and contains the rights of the existing mining operations as of the adoption of this chapter. The approved master mining plan shall include and depict all existing rights, including, but not limited to, setbacks, reclamation standards and any other rights or privileges for which the mine is governed.

Berm means a shaped mound of earth that is part of a buffer constructed for the purpose of reducing the adverse impacts of a mining operation.

Buffer means an area either left in its natural state, modified, or constructed, which is maintained in such a manner to shield an adjoining land use from the adverse impacts of a mining operation.

Department means the unit of county government designated by the board of county commissioners to implement the mining ordinance.

Earthen dams or dikes means earthen structures constructed for the retention, by damming, of water or any material colloidal or liquid.

Existing mining operation means an operation that holds a valid mining permit from the county or is otherwise legally in existence on the adopted date of this chapter [June 29, 1993].

Hardrock means the harder strata of limestone that generally are suitable for use as the coarse aggregate component in the production of either portland cement concrete or asphaltic concrete.

Land means and shall include, in addition to the solid parts of the earth's surface, all waters or submerged lands within the county.

May, as used herein, is permissive and discretionary.

Mining, mining activity or mining operation means:

(1)

Any activity or process constituting all or part of a process for the severance of sand, clay, unconsolidated or consolidated minerals for the purposes of sale, use as a raw material, or use off-site (this does not include the mining of unconsolidated materials conducted pursuant to county excavation rules); or

(2)

The preparation, crushing, washing, cleaning, screening, processing, flotation or other treatment of solid minerals in association with the severance of an area so as to make them suitable for commercial, industrial or construction use.

(3)

It shall not include plants engaged in processing minerals produced elsewhere or plants engaged in manufacturing or processing, as defined by the zoning ordinance or its successor.

Mining approvals/approvals means written permission from the county to conduct mining operations on a particular piece of land legally described on the approval/permit.

Operator means any person or persons, partnership, limited partnership, corporation, or association of persons severing solid minerals from the lands of the county, whether individually, jointly, or through subsidiaries, agents, employees, or contractors.

Overburden means the earth, rock, and other materials that lie above the natural deposit of solid minerals which are proposed for extraction.

Prospecting means inspecting, exploring or sampling an area for solid minerals. Prospecting involves the severance of small quantities of solid minerals for analysis and inspection only.

Protected structures means any dwelling, public building, school, church, cemetery, or commercial or institutional building on lands not controlled by the operator.

Qualified professional means a practitioner of the profession deemed appropriate by the county.

Reclamation means the rehabilitation of the active mining area to establish soil stability, habitat enhancement, revegetation, water conditions, and safety conditions appropriate to the area.

Reclamation plan means the operator's written proposal, as required by this chapter, and consistent with the regulations of the state and approved by the county for reclamation of the active mining area.

Refuse means all waste soil, rock, mineral, scrap, tailings, slimes, chemical byproducts, water and other materials directly connected with the mining, cleaning, preparation and treatment of mined substances.

Revocation means the permanent invalidation of the right to mine.

Setback means the minimum distance required from a property line to the nearest point of a structure or use.

Severance means to extract, remove, or withdraw from the soil or water of this county, whether on the surface or below, any solid minerals.

Shall, as used herein, is mandatory and means must.

Sheer wall means any near vertical surface of consolidated minerals that is above the water table and ten (10) feet or more in height.

Softrock means the softer strata of limestone that generally are not suitable for use as either the coarse or the fine aggregate component in the production of either portland cement concrete or asphaltic concrete, but generally are suitable for use as base material in roads, as a raw material for the production of both portland cement and lime, and for other commercial products.

Spoil or spoil bank means a deposit of excavated overburden or tailings.

Stockpiles means stacks of mineral materials extracted and stored on the premises.

Suspension means the temporary invalidation of an approval.

(Ord. No. 93-13, § A-4, 6-29-93)