2019 Alaska Statutes
Title 27. Mining
Chapter 19. Reclamation
Sec. 27.19.100. Definitions.
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).
