76. For the purposes of this Subdivision:(1) an underground excavation is under the influence of a body of water where the excavation is less than 100 m (328.1 ft) from the rock contour below the body of water at its highest point;
(2) an open-pit mine is under the influence of a body of water where the width of the protective wall is less than 100 m (328.1 ft) from the body of water at its highest point.