(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.