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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>57834</law_id><section_number>45.2-1200</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>28.2-1203</reference><reference>45.2-106</reference><reference>45.2-1131</reference><reference>45.2-1235</reference><reference>45.2-1600</reference><reference>45.2-2116</reference><reference>62.1-44.15:66</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="45.2">Mines, Minerals, and Energy</unit><unit label="subtitle" level="2" order_by="1" identifier="III">Mineral Mines</unit><unit label="part" level="3" order_by="1" identifier="A">Mineral Mines Generally</unit><unit label="chapter" level="4" order_by="1" identifier="12">Permits for Certain Mining Operations; Reclamation of Land</unit><unit label="article" level="5" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section><p>As used in this chapter, unless the context requires a different meaning:
		&#x201C;<span class="dictionary">Disturbed land</span>&#x201D; means the area from which <span class="dictionary">overburden</span> has been removed in any <span class="dictionary">mining operation</span>, plus the area covered by the <span class="dictionary">spoil</span> and <span class="dictionary">refuse</span>, plus any area used in such <span class="dictionary">mining operation</span>, including land used for processing, stockpiling, or settling ponds.
		&#x201C;<span class="dictionary">Division</span>&#x201D; means the <span class="dictionary">Division</span> of <span class="dictionary">Mineral</span> Mining.
		&#x201C;<span class="dictionary">Mineral</span>&#x201D; means ore, rock, and any other solid homogeneous crystalline chemical element or compound that results from the inorganic processes of nature other than coal.
		&#x201C;Mining&#x201D; means the breaking or disturbing of the surface soil or rock in <span class="dictionary">order</span> to facilitate or accomplish the extraction or removal of <span class="dictionary">minerals</span> or any activity constituting all or part of a process for the extraction or removal of <span class="dictionary">minerals</span> so as to make them suitable for commercial, industrial, or construction use. &#x201C;Mining&#x201D; does not include (i) any aspect of deep mining that does not have a significant effect on the surface or (ii) excavation or grading when conducted solely in aid of onsite farming or construction. Such exemption in clause (ii) shall not be construed to limit a landowner in a one-time construction or expansion of a farm pond for agricultural irrigation or provision of water for livestock to beneficially reuse the soil or sand, provided that such pond construction or expansion project (a) is a one-time activity on that parcel of land, (b) is completed within one year, (c) results in a pond that is less than three acres in total, and (d) has all necessary permits and local approvals in place before such activity begins. Nothing in this section applies to the mining of coal. &#x201C;Mining&#x201D; does not include, and this title, chapter, or section shall not be construed to apply to, the process of searching, prospecting, exploring, or investigating for <span class="dictionary">minerals</span> by drilling.
		&#x201C;<span class="dictionary">Mining operation</span>&#x201D; means any area included in an approved plan of operation.
		&#x201C;<span class="dictionary">Operator</span>&#x201D; means any individual, corporation or corporation officer, firm, joint venture, partnership, business trust, association, or any other group or combination acting as a unit, or any legal entity that is engaged in mining.
		&#x201C;<span class="dictionary">Orphaned lands</span>&#x201D; means lands disturbed by surface mining of <span class="dictionary">minerals</span>, other than coal operations, that were not required by <span class="dictionary">law</span> to be reclaimed or that have not been reclaimed.
		&#x201C;<span class="dictionary">Overburden</span>&#x201D; means all of the earth and other <span class="dictionary">materials</span> that lie above a natural deposit of <span class="dictionary">minerals</span>, ores, rock, or other solid matter and also other <span class="dictionary">materials</span> after removal from their natural deposit in the process of mining.
		&#x201C;<span class="dictionary">Reclamation</span>&#x201D; means the restoration or conversion of <span class="dictionary">disturbed land</span> to a stable condition that minimizes or prevents adverse disruption and the injurious effects of such disruption and presents an opportunity for further productive use if such use is reasonable.
		&#x201C;<span class="dictionary">Refuse</span>&#x201D; means all waste soil, rock, <span class="dictionary">mineral</span> tailings, slimes, and other <span class="dictionary">material</span> directly connected with the mine or with the cleaning and preparation of substances mined, including all waste <span class="dictionary">material</span> deposited in the permit area from other sources.
		&#x201C;<span class="dictionary">Spoil</span>&#x201D; means any <span class="dictionary">overburden</span> or other <span class="dictionary">material</span> removed from its natural state in the process of mining.</p></section></text><history>1968, c. 734, &#xA7; 45.1-180; 1972, c. 206; 1974, c. 312; 1977, c. 312; 1984, c. 590; 2021, Sp. Sess. I, c. 387; 2024, c. 224; 2025, cc. 390, 405.</history><metadata></metadata></law>
