N.Y. Environmental Conservation Law § 72-1001: Definitions

§ 72-1001. Definitions.

1. "Affected land" and "land affected by mining" means the sum of that

surface area of land or land under water which:

(a) has been disturbed by mining since April first, nineteen hundred

seventy-five, and has not been reclaimed, and

(b) is to be disturbed by mining during the term of the permit to

mine.

2. "Mining" means the extraction of overburden and minerals from the

earth; the preparation and processing of minerals, including any

activities or processes or parts thereof for the extraction or removal

of minerals from their original location and the preparation, washing,

cleaning, crushing, or other processing of minerals at the mine location

so as to make them suitable for commercial, industrial or construction

use, exclusive of manufacturing processes, at the mine location; the

removal of such materials through sale or exchange, or for commercial,

industrial or municipal use; and the disposition of overburden, tailings

and waste at the mine location. "Mining" shall not include the

excavation, removal and disposition of minerals from construction

projects, exclusive of the creation of water bodies, or excavations in

aid of agricultural activities.

3. "Minor projects" means projects which meet all of the following

criteria:

(a) total acreage affected by mining for the entire mining site is

less than five acres, regardless of length of mining period;

(b) total depth of mine from floor to top of mine face is less than

twenty feet;

(c) there is no on-site processing of minerals (e.g., washing,

crushing);

(d) there is no mining within one hundred feet of any surface waters;

(e) there is no mining of consolidated minerals;

(f) there is no mining within five hundred feet of any dwelling; and

(g) there is no mining below the water table at the mine site.