Section 12-E:1 Definitions.

NEW HAMPSHIRE STATUTES AND CODES

As used in this chapter:
   I. ""Affected site'' means the land or water upon, in or under which mining is conducted or is to be conducted including the mine and that land or water which is or will be substantially affected physically or chemically as is detailed in the mining plan pursuant to RSA 12-E:4.
   II. ""Commissioner'' means the commissioner of the department of resources and economic development or his designate.
   III. ""Comparable natural contour'' means a surface configuration which resembles the general surface configuration of adjacent land and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls, spoil piles and mining equipment eliminated.
   III-a. ""Dimension stone'' means rock that is cut, shaped, or selected for use in blocks, slabs, sheets, or other construction units of specified shapes or sizes and used for external or interior parts of buildings, foundations, curbing, paving, flagging, bridges, revetments, or for other architectural or engineering purposes. Dimension stone includes quarry blocks from which sections of dimension stone are to be produced. Dimension stone does not include earth as defined in RSA 155-E:1, I.
   IV. ""Mine'' means all areas, surface mined or being mined as well as adjacent areas ancillary to the operation, together with cleaning, concentrating and preparation plants, storage area, haulageways, spoil areas, roads or trails.
   V. ""Mineral'' means copper, diatomite, feldspar, garnet, granite, lime, thorium, uranium and any similar solid material or substance excluding sand, gravel and construction aggregate to be excavated from natural deposits or formations on or in the earth or in or underneath water, or for quarrying or crushing of rock or bedrock for the purpose of producing construction aggregate.
   VI. ""Mining'' means the activities performed in the extraction of minerals including the excavation of pits, removal of minerals, removal of dimension stone, disposal of overburden and the construction of roads for the haulage of mining materials; provided, however, the following shall not be subject to this chapter:
      (a) Mining activities for the purpose of improvement of or use on the owner's property.
      (b) Mining activities for which the permit site would be 5 acres or less and would result in less than 2,000 cubic yards per year excavated; provided, however, that all mineral dredging activity in any waters of the state of New Hampshire, unless classified as small motor mineral dredging pursuant to RSA 482-A:3, XI shall, regardless of the size of area involved, be subject to the permit requirement and other conditions set forth in this chapter.
      (c) Mining activities in existence on August 24, 1979, or mining activities for which mining permits have been granted as of the effective date of this paragraph.
      (d) Mining or quarrying activities for the production of construction aggregate.
   VII. ""Mining and reclamation plans'' means technical data accompanied with the owner's permit application detailing the anticipated mining, blasting and reclamation activities associated with mineral extraction subject to this chapter.
   VIII. ""Mining operator'' or ""operator'' means any person, firm, association, partnership, cooperative, corporation or trust engaged in mining.
   IX. ""Overburden'' means earth and other natural materials over and around the minerals which will be displaced by mining operations.
   X. ""Permit site'' means the land surrounding and including the affected site and mine needed to internalize the mining operation to safeguard adjacent lands and interests.
   XI. ""Prospecting'' means exploration for minerals with mechanized equipment which will result in disturbance of land which could pose a danger to the public or cause environmental harm.
   XII. ""Quarry'' means an excavation in bedrock open to the surface excavated for the purpose of removing rock, minerals or metallic ores.
   XIII. ""Reclamation'' means the restoration of the permit site by grading, backfilling, compacting and landscaping to a compatible natural contour and the reestablishment of permanent self-regenerating vegetative cover of the same seasonal variety previously occurring in the area which is capable of self-regeneration equal to or greater than its productive capacity prior to the mining activities unless alternate plans for other uses are approved by the commissioner.
   XIV. ""Toxic substance'' means any chemical substance which has the capacity to produce personal injury or illness to man through ingestion, inhalation or absorption through any body surface.