AB100-ASA1,1578,524 292.81 (3) Any expenditures made by the department under s. 292.11 or 292.31
25(1), (3) or (7) or, subject to s. 292.41 (6) (d), under s. 292.41 (4) shall constitute a lien

1upon the property for which expenses are incurred if the department files the lien
2with the register of deeds in the county in which the property is located. A lien under
3this section shall be superior to all other liens that are or have been filed against the
4property, except that if the property is residential property, as defined in s. 895.52
5(1) (i), the lien may not affect any valid prior lien on that residential property.
AB100-ASA1, s. 3727g 6Section 3727g. 292.85 of the statutes is created to read:
AB100-ASA1,1578,8 7292.85 Certified remediation professionals. (1) Definitions. In this
8section:
AB100-ASA1,1578,109 (a) "Certificate" means a remediation professional certificate issued under this
10section.
AB100-ASA1,1578,1911 (b) "Covered activity" means corrective action under s. 94.73, petroleum
12storage tank remedial action under s. 101.143 or 101.144, hazardous waste facility
13closure under s. 291.29, corrective action under s. 291.37, a response to a discharge
14of a hazardous substance under s. 292.11, remedial action under s. 292.15 (2), an
15environmental assessment under s. 292.21 (1) (c) 2., environmental repair under s.
16292.31 (3), an abandoned container response under s. 292.41 or any other
17environmental remedial action specified by the department by rule, except that
18"covered activity" does not include an emergency response under s. 292.11, 292.31 (3)
19or 292.41.
AB100-ASA1,1578,2420 (c) "Report" means a report of a site investigation, a report of interim actions
21prior to remedial action, a report of the design of a proposed remedial action plan,
22a report of a site closure or any other report designated by the department of natural
23resources, the department of commerce or the department of agriculture, trade and
24consumer protection by rule.
AB100-ASA1,1579,12
1(2) Rules. The department shall promulgate rules necessary to implement this
2section. The department shall develop the rules in consultation with all state
3agencies that have oversight responsibility for programs related to environmental
4remediation and with other interested persons. The rules shall include
5requirements for education, continuing education, training, experience and
6standards of professional conduct for certified remediation professionals. The
7requirements and standards shall be sufficiently stringent so that covered activities
8conducted by or under the direction or supervision of a certified remediation
9professional and all reports related to covered activities that are prepared by or
10under the direction or supervision of certified remediation professionals are
11rendered in a manner that protects public health, safety, welfare and the
12environment and that is consistent with applicable statutes and rules.
AB100-ASA1,1579,18 13(3) Certificate required for certain activities. (a) Beginning on the effective
14date of this paragraph .... [revisor inserts date], a person may not submit a report to
15the department of natural resources, the department of commerce or the department
16of agriculture, trade and consumer protection with respect to a covered activity
17unless the report is prepared by, or under the direction or supervision of, a certified
18remediation professional, except as provided in sub. (6).
AB100-ASA1,1579,2219 (b) Beginning on the effective date of this paragraph .... [revisor inserts date],
20a person may not conduct a covered activity unless the person is, or is under the
21direction or supervision of, a certified remediation professional, except as provided
22in sub. (6).
AB100-ASA1,1580,2 23(4) Department may certify. (a) An individual may apply for a remediation
24professional certificate. Each application for an initial or renewal certificate shall

1be accompanied by a fee in an amount established by the department by rule that is
2sufficient to cover all costs of administering and enforcing this section.
AB100-ASA1,1580,43 (b) The department may issue a certificate under this section only to an
4individual. A certificate issued under this section may not be transferred.
AB100-ASA1,1580,115 (c) The department shall periodically publish notice of each application for a
6certificate, approval or denial of a certificate, revocation of a certificate and
7termination of a certificate. The department may not approve an application for an
8initial certificate or a renewal certificate until at least 30 days after the notice of
9application for the initial certificate or renewal certificate has been published. The
10department shall promulgate rules for the periodic publication of notice under this
11paragraph.
AB100-ASA1,1580,2212 (d) The department of natural resources may grant an initial certificate or
13renew a certificate only if the department of natural resources determines that the
14applicant or the holder of the certificate is in compliance with all requirements under
15this section and under rules promulgated by the department of natural resources,
16the department of commerce and the department of agriculture, trade and consumer
17protection. The department of natural resources shall suspend or revoke a certificate
18if it determines, or the department of commerce or the department of agriculture,
19trade or consumer protection determines, that the individual holding the certificate
20fails to comply with all requirements under this section and under rules promulgated
21by the department of natural resources, the department of commerce and the
22department of agriculture, trade and consumer protection.
AB100-ASA1,1581,223 (e) The department may bar an individual whose application for an initial
24certificate or a renewal certificate is denied, or whose certificate is revoked, from
25applying for a certificate for the period determined by the department. If the

1department revokes a certificate, it may permanently bar the individual from
2applying for a certificate.
AB100-ASA1,1581,73 (f) A certified remediation professional shall obtain and maintain insurance
4against loss, expense and liability, including loss, expense and liability caused by
5pollution, resulting from errors, omissions or neglect in the performance of any
6professional service in an amount of at least $1,000,000 per claim and $1,000,000 in
7annual aggregate claims, with a deductible of no more than $100,000 per claim.
AB100-ASA1,1581,10 8(5) Prohibition. No person may advertise or otherwise hold himself or herself
9out to be a certified remediation professional unless that person possesses a valid
10certificate issued by the department.
AB100-ASA1,1581,13 11(6) Exemption. Subsection (3) does not apply to a report prepared, or an activity
12performed, by an employe of this state acting within the scope of his or her
13employment.
AB100-ASA1,1581,19 14(7) Departments may investigate. (a) Employes or agents of the department
15of natural resources, the department of commerce or the department of agriculture,
16trade and consumer protection may at any reasonable time enter any site or building
17for the purpose of investigating, sampling or inspecting any condition, equipment,
18practice or property relating to a covered activity conducted, supervised or directed
19by a certified remediation professional.
AB100-ASA1,1581,2420 (b) Employes or agents of the department of natural resources, the department
21of commerce or the department of agriculture, trade and consumer protection may
22seek a special inspection warrant under s. 66.122 authorizing entry to a site or
23building under par. (a) if permission to enter is denied or if one of those departments
24determines that entry without prior notice is necessary to enforce this section.
AB100-ASA1,1582,9
1(c) A certified remediation professional shall provide any information
2requested by the department of natural resources, the department of commerce or
3the department of agriculture, trade and consumer protection relating to his or her
4activities as a certified remediation professional. If one of those departments has
5reason to suspect that a violation of any statute or rule related to a covered activity
6has occurred or may occur, it may issue to a certified remediation professional an
7order requiring the production or analysis of samples, requiring the production of
8records or requiring any action by the certified remediation professional that may be
9necessary to prevent or eliminate the violation.
AB100-ASA1,1582,15 10(8) Memorandum of understanding. The department of natural resources, the
11department of commerce and the department of agriculture, trade and consumer
12protection shall enter a memorandum of understanding with respect to common
13areas of responsibility that relate to this section. A memorandum of understanding
14under this subsection does not take effect until it is approved by the secretary of
15administration.
AB100-ASA1,1582,17 16(9) Appeals. Any person aggrieved by a determination or order of the
17department under this section may request a contested case hearing under ch. 227.
AB100-ASA1, s. 2714 18Section 2714. 295.11 (4) of the statutes is amended to read:
AB100-ASA1,1583,219 295.11 (4) "Nonmetallic mining reclamation" means the rehabilitation of a
20nonmetallic mining site to achieve a land use specified in an approved nonmetallic
21mining reclamation plan
, including removal or reuse of nonmetallic mining refuse,
22grading of the nonmetallic mining site, removal, storage and replacement of topsoil,
23stabilization of soil conditions, establishment reestablishment of vegetative cover,
24control of surface water and groundwater, prevention of environmental pollution,

1construction of fences where necessary
and, if practical, restoration of plant, fish and
2wildlife habitat.
AB100-ASA1, s. 2715 3Section 2715. 295.11 (5) of the statutes is amended to read:
AB100-ASA1,1583,74 295.11 (5) "Nonmetallic mining refuse" means waste soil, rock, mineral, liquid
5and vegetation
and other waste natural material resulting from nonmetallic mining.
6This term does not include merchantable marketable by-products resulting directly
7from or displaced by the nonmetallic mining.
AB100-ASA1, s. 2716 8Section 2716. 295.11 (6) (intro.), (a), (b), (c) and (d) of the statutes are
9renumbered 295.11 (6) (a) (intro.), 1., 2., 3. and 4., and 295.11 (6) (a) (intro.), 1. and
102., as renumbered, are amended to read:
AB100-ASA1,1583,1211 295.11 (6) (a) (intro.) "Nonmetallic mining site" means all of the following,
12except as provided in par. (b)
:
AB100-ASA1,1583,1413 1. The location where nonmetallic mining is proposed or conducted , including
14all surface areas from which materials have been or will be removed
.
AB100-ASA1,1583,1615 2. Storage and processing areas related to the that are in or contiguous to areas
16excavated for
nonmetallic mining.
AB100-ASA1, s. 2717 17Section 2717. 295.11 (6) (a) 5. of the statutes is created to read:
AB100-ASA1,1583,2018 295.11 (6) (a) 5. Areas where grading or regrading is necessary to conduct
19nonmetallic mining or to achieve a land use specified in an approved nonmetallic
20mining reclamation plan.
AB100-ASA1, s. 2718 21Section 2718. 295.11 (6) (b) of the statutes is created to read:
AB100-ASA1,1583,2522 295.11 (6) (b) "Nonmetallic mining site" does not include any area described in
23par. (a) 1. to 5. that is not used for nonmetallic mining or for purposes related to
24nonmetallic mining on or after the effective date of this paragraph .... [revisor inserts
25date].
AB100-ASA1, s. 2719
1Section 2719. 295.11 (6) (e) of the statutes is repealed.
AB100-ASA1, s. 2720 2Section 2720. 295.11 (9) of the statutes is amended to read:
AB100-ASA1,1584,83 295.11 (9) "Replacement of topsoil" means the replacement of the topsoil that
4was removed or disturbed by nonmetallic mining, or the provision of soil that is at
5least as adequate as
material to substitute for the topsoil that was removed or
6disturbed, for the purposes of providing adequate vegetative cover and stabilization
7of soil conditions to achieve a land use specified in an approved nonmetallic mining
8reclamation plan
.
AB100-ASA1, s. 2721 9Section 2721. 295.12 (1) (c) of the statutes is amended to read:
AB100-ASA1,1584,1210 295.12 (1) (c) Uniform statewide standards requirements and procedures for
11the administration of a nonmetallic mining reclamation ordinance program by any
12county, city, village or town.
AB100-ASA1, s. 2722 13Section 2722. 295.12 (1) (d) of the statutes is repealed.
AB100-ASA1, s. 2723 14Section 2723. 295.12 (2) (a) of the statutes is amended to read:
AB100-ASA1,1584,1815 295.12 (2) (a) The department shall establish nonmetallic mining reclamation
16standards under sub. (1) (a) that are applicable to activities related to nonmetallic
17mining reclamation
both during nonmetallic mining and after the termination of
18nonmetallic mining.
AB100-ASA1, s. 2724 19Section 2724. 295.12 (2) (b) and (c) of the statutes are repealed.
AB100-ASA1, s. 2725 20Section 2725. 295.12 (2) (d) of the statutes is amended to read:
AB100-ASA1,1585,721 295.12 (2) (d) Standards for those portions of a nonmetallic mining site that are
22mined on or after the effective date of the ordinance
Nonmetallic mining reclamation
23standards under sub. (1) (a) shall be designed to encourage the development and
24reclamation of nonmetallic mining sites in existence on the effective date of this
25paragraph .... [revisor inserts date], and
shall include requirements necessary to

1achieve a land use specified in an approved nonmetallic mining reclamation plan,
2including requirements
related to the removal or reuse of nonmetallic mining refuse,
3removal of roads no longer in use, stabilization of soil conditions, grading the
4nonmetallic mining site, replacement of topsoil, establishment of vegetative cover,
5control of surface water flow and groundwater withdrawal, prevention of
6environmental pollution, construction of fences where necessary and, if practical,
7protection or restoration of plant, fish and wildlife habitat.
AB100-ASA1, s. 2726 8Section 2726. 295.12 (2) (e) of the statutes is repealed.
AB100-ASA1, s. 2727 9Section 2727. 295.12 (3) (intro.) of the statutes is amended to read:
AB100-ASA1,1585,1210 295.12 (3) (title) Text of ordinance Program requirements. (intro.) The text
11of the nonmetallic mining reclamation ordinance under
rules required by sub. (1) (d)
12(c) shall include all of the following:
AB100-ASA1, s. 2728 13Section 2728. 295.12 (3) (a) and (b) of the statutes are repealed.
AB100-ASA1, s. 2729 14Section 2729. 295.12 (3) (c) of the statutes is amended to read:
AB100-ASA1,1586,215 295.12 (3) (c) A requirement for the operator to submit a nonmetallic mining
16reclamation plan including maps, information about the nonmetallic mining site, a
17proposed land use for which the nonmetallic mining site will be rehabilitated after
18the nonmetallic mining is completed,
a description of the proposed nonmetallic
19mining reclamation including methods and procedures to be used and a proposed
20timetable for completion of various stages of the nonmetallic mining reclamation.
21The reclamation plan shall be designed to ensure successful nonmetallic mining
22reclamation consistent with the standards under sub. (1) (a), to minimize the costs
23of nonmetallic mining reclamation and, to the extent practicable, to minimize the
24area disturbed by nonmetallic mining at one time and provide for nonmetallic mining

1reclamation of portions of the nonmetallic mining site while nonmetallic mining
2continues on other portions of the nonmetallic mining site.
AB100-ASA1, s. 2730 3Section 2730. 295.12 (3) (d) of the statutes is amended to read:
AB100-ASA1,1587,44 295.12 (3) (d) A requirement for the operator to obtain a nonmetallic mining
5reclamation permit in order to engage in nonmetallic mining or in nonmetallic
6mining reclamation; a requirement for a 5-year permit term unless a shorter permit
7term is requested by the applicant; standards
equal to the period during which
8nonmetallic mining is conducted; procedures
for the issuance, renewal, modification,
9suspension or revocation of the reclamation permit; a requirement for public notice
10and an opportunity for a public informational hearing before issuance, renewal,
11modification, suspension or revocation of the
or modification of a reclamation permit;
12a requirement to conduct a public hearing on the issuance, renewal or modification
13of a permit, if requested within 30 days after receipt of the nonmetallic mining
14operation and reclamation plan;
for a nonmetallic mine that is not in operation before
15the date specified under par. (dm); notwithstanding ss. 68.001, 68.03 (8) and (9),
1668.06 and 68.10 (1) (b),
a right for any person who meets the requirements of s. 227.42
17(1) to obtain a contested case hearing under ch. 68 s. 68.11 on the issuance, renewal,
18modification, suspension or revocation or denial of a reclamation permit and for a
19person holding a reclamation permit to a contested case hearing under s. 68.11 to
20contest an order issued under s. 295.19 (1)
; a requirement for cooperative issuance
21of a single reclamation permit if more than one county or municipality has
22jurisdiction over the nonmetallic mining site; a requirement for issuance of a single
23permit for all nonmetallic mining sites operated by the same person in a county or
24municipality, with nonmetallic mining sites to be added or deleted by permit
25modification and with separate permit conditions, fees and financial assurance for

1each nonmetallic mining site;
and a requirement that action approving, denying or
2conditionally approving a reclamation permit be taken within 90 days after receipt
3of the mining operation and mining reclamation plans plan or, if a public
4informational hearing is held, within 60 days after the close of the public hearing.
AB100-ASA1, s. 2731 5Section 2731. 295.12 (3) (de) of the statutes is created to read:
AB100-ASA1,1587,86 295.12 (3) (de) Except as provided in par. (dm), a prohibition on issuance of a
7reclamation permit before approval of the nonmetallic mining reclamation plan
8under par. (c) by the county, city, village or town operating the program.
AB100-ASA1, s. 2732 9Section 2732. 295.12 (3) (dm) of the statutes is created to read:
AB100-ASA1,1587,1610 295.12 (3) (dm) A requirement that, when an operator submits an application
11for a reclamation permit for a nonmetallic mine that is operating before a date
12specified by the department in the rule, the county, city, village or town issue the
13permit on the condition that the operator submit a nonmetallic mining reclamation
14plan under par. (c) that complies with the rules under par. (c) by a deadline
15established by the county, city, village or town. The deadline shall be from 1 to 3 years
16after the date of application.
AB100-ASA1, s. 2733 17Section 2733. 295.12 (3) (ds) of the statutes is created to read:
AB100-ASA1,1587,2018 295.12 (3) (ds) A requirement that the county, city, village or town issue a
19reclamation permit on the condition that the operator submit proof of financial
20responsibility in accordance with par. (g) within a time specified by the rule.
AB100-ASA1, s. 2734 21Section 2734. 295.12 (3) (e) of the statutes is renumbered 295.12 (3) (e) 1., and
22295.12 (3) (e) 1. a. and b., as renumbered, are amended to read:
AB100-ASA1,1587,2423 295.12 (3) (e) 1. a. The examination and approval of operation plans and
24nonmetallic mining reclamation plans.
AB100-ASA1,1587,2525 b. The inspection of nonmetallic mining and nonmetallic mining reclamation.
AB100-ASA1, s. 2735
1Section 2735. 295.12 (3) (e) 2. of the statutes is created to read:
AB100-ASA1,1588,32 295.12 (3) (e) 2. A prohibition on basing the fees under subd. 1. on any portion
3of a nonmetallic mining site that has been reclaimed when the fees are imposed.
AB100-ASA1, s. 2736 4Section 2736. 295.12 (3) (g) of the statutes is amended to read:
AB100-ASA1,1588,125 295.12 (3) (g) A requirement for the operator to provide a bond, deposit of funds,
6established escrow account, letter of credit, demonstration of financial responsibility
7by meeting net worth requirements or other form of financial assurance conditioned
8on the faithful performance of all of the requirements of the nonmetallic mining
9reclamation ordinance
rules promulgated under this section. The rules shall
10authorize a county, city, village or town to reduce the amount of financial assurance
11that an operator is required to provide based on nonmetallic mining reclamation that
12the operator performs while the nonmetallic mine continues to operate
.
AB100-ASA1, s. 2737 13Section 2737. 295.12 (3) (h) of the statutes is amended to read:
AB100-ASA1,1588,2214 295.12 (3) (h) Provisions to restrict nonmetallic mining or restrict, regulate or
15require certain activities in connection with nonmetallic mining or nonmetallic
16mining reclamation in order to ensure compliance with nonmetallic mining
17reclamation standards, operation plans, nonmetallic mining reclamation plans,
18licensing standards, financial assurance requirements and other requirements of
19the nonmetallic mining reclamation ordinance. These restrictions, regulations and
20requirements may include requirements for separations between excavations and
21property boundaries, for depth of excavations and for segregation of topsoil
rules
22promulgated under this section
.
AB100-ASA1, s. 2738 23Section 2738. 295.12 (3) (i) of the statutes is amended to read:
AB100-ASA1,1589,224 295.12 (3) (i) A prohibition on nonmetallic mining if a proposed nonmetallic
25mining site, other than a nonmetallic mining site in existence before the effective

1date of the ordinance,
cannot be reclaimed in compliance with the nonmetallic
2mining reclamation standards in the ordinance under sub. (1) (a).
AB100-ASA1, s. 2739 3Section 2739. 295.12 (3) (j) of the statutes is repealed.
AB100-ASA1, s. 2740 4Section 2740. 295.12 (3) (k) of the statutes is amended to read:
AB100-ASA1,1589,55 295.12 (3) (k) A provision for orders and penalties consistent with s. 295.19 (3).
AB100-ASA1, s. 2741 6Section 2741. 295.12 (3) (L) of the statutes is amended to read:
AB100-ASA1,1589,97 295.12 (3) (L) Standards Criteria and procedures for granting exemptions and
8variances from
approving alternatives to the requirements of the nonmetallic
9mining reclamation ordinance standards under sub. (1) (a).
AB100-ASA1, s. 2742 10Section 2742. 295.13 of the statutes is amended to read:
AB100-ASA1,1589,18 11295.13 (title) Mandatory enactment and administration of ordinance
12by counties. (1) Mandatory enactment and administration of ordinance. (a)
13Requirement to enact and administer ordinance. Within 6 months after the effective
14date of the rules under s. 295.12 (1), each county shall enact and begin to administer
15a nonmetallic mining reclamation ordinance, the text of which is in strict conformity
16with the text of the ordinance established under s. 295.12 (1) (d)
that complies with
17those rules
, except as provided in sub. subs. (2) and (2m). This ordinance may be
18enacted separately from an ordinance enacted under s. 59.69.
AB100-ASA1,1590,7 19(2) Preexisting county ordinances. Any county with a nonmetallic mining
20reclamation ordinance in effect on June 1, 1993, may maintain and administer that
21ordinance if the department reviews the existing ordinance and determines that it
22is at least as restrictive as the ordinance established rules under s. 295.12 (1) (d).
23If the department determines that any part of the existing ordinance is not as
24restrictive as the ordinance established rules under s. 295.12 (1) (d), the county may
25amend the ordinance and submit the amended ordinance to the department for

1approval a determination of whether the amended ordinance is as restrictive as
2those rules
. After obtaining the approval determination of the department under
3this subsection
that an ordinance is as restrictive as the rules under s. 295.12 (1), the
4county may not amend the ordinance to make it more restrictive. After obtaining the
5approval of the department under this subsection, the
A county may not amend the
6a nonmetallic mining reclamation ordinance to make it less restrictive than the
7ordinance established requirements in the rules under s. 295.12 (1) (d).
AB100-ASA1,1590,10 8(3) Applicability of county ordinance. The An ordinance under sub. (1) or (2)
9applies to the entire area of the county, except for cities, villages and towns that enact
10and administer a nonmetallic mining reclamation ordinance under s. 295.14.
AB100-ASA1, s. 2743 11Section 2743. 295.13 (2m) of the statutes is created to read:
AB100-ASA1,1590,1612 295.13 (2m) Option for certain counties. In a county with a population of
13700,000 or more, if every city, village and town that contains a nonmetallic mining
14site has enacted an ordinance under s. 295.14 by the first day of the 4th month
15beginning after the effective date of the rules promulgated under s. 295.12 (1), the
16county is not required to enact an ordinance under this section.
AB100-ASA1, s. 2744 17Section 2744. 295.14 of the statutes is amended to read:
AB100-ASA1,1590,25 18295.14 Authority to enact and administer ordinance. (1) Authority to
19enact and administer ordinance.
A city, village or town may enact and administer
20a nonmetallic mining reclamation ordinance, the text of which is in strict conformity
21with the text of the ordinance
that complies with the rules under s. 295.12 (1) (d).
22Except as provided in sub. (2), a city, village or town may not administer a
23nonmetallic mining reclamation ordinance, the text of which is not in strict
24conformity with the text of the ordinance
that does not comply with the rules under
25s. 295.12 (1) (d).
AB100-ASA1,1591,15
1(2) Preexisting municipal ordinances. A city, village or town with a
2nonmetallic mining reclamation ordinance in effect on June 1, 1993, may maintain
3and administer that ordinance if the department reviews the existing ordinance and
4determines that it is at least as restrictive as the ordinance established rules under
5s. 295.12 (1) (d). If the department determines that any part of the existing ordinance
6is not as restrictive as the ordinance established rules under s. 295.12 (1) (d), the city,
7village or town may amend the ordinance and submit the amended ordinance to the
8department for approval a determination of whether the amended ordinance is as
9restrictive as those rules
. After obtaining the approval determination of the
10department under this subsection that an ordinance is as restrictive as the rules
11under s. 295.12 (1)
, the city, village or town may not amend the ordinance to make
12it more restrictive. After obtaining the approval of the department under this
13subsection, the
A city, village or town may not amend the a nonmetallic mining
14reclamation
ordinance to make it less restrictive than the ordinance established
15rules under s. 295.12 (1) (d).
AB100-ASA1, s. 2745 16Section 2745. 295.16 (title) of the statutes is amended to read:
AB100-ASA1,1591,18 17295.16 (title) Applicability of ordinance and standards nonmetallic
18mining reclamation requirements
.
AB100-ASA1, s. 2746 19Section 2746. 295.16 (1) of the statutes is repealed and recreated to read:
AB100-ASA1,1591,2320 295.16 (1) Nonmetallic mining for transportation purposes. (a)
21Notwithstanding par. (b), any requirements of the department of transportation
22concerning the restoration of a nonmetallic mining site shall be consistent with the
23nonmetallic mining reclamation standards established under s. 295.12 (1) (a).
AB100-ASA1,1592,424 (b) A nonmetallic mining ordinance and the rules promulgated under s. 295.12
25(1) do not apply to nonmetallic mining to obtain stone, soil, sand or gravel for the

1construction, maintenance or repair of a highway, railroad, airport facility or any
2other transportation facility, if the nonmetallic mining is subject to the requirements
3of the department of transportation concerning the restoration of the nonmetallic
4mining site.
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