NR 135.03(25)(b)4. 4. Areas previously mined but used after 8 months following December 1, 2000 for a non-mining activity, such as stockpiling of materials used for an industrial activity such as an asphalt plant, concrete batch plant, block and tile operation or other industry that uses products produced from nonmetallic mining.
NR 135.03(25)(b)5. 5. For purposes of fees under s. NR 135.39, those areas within a nonmetallic mining site which the regulatory authority has determined to have been successfully reclaimed on an interim basis in accordance with s. NR 135.41.
NR 135.03 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00; CR 06-024: r. (7) and (18), cr. (8m), (9m) and (17m), am. (19), r. and recr. (20) Register November 2006 No. 611, eff. 12-1-06; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register August 2011 No. 668.
subch. II of ch. NR 135 Subchapter II — Standards
NR 135.05 NR 135.05Applicability of standards. The standards of this subchapter apply as follows:
NR 135.05(1) (1)The standards of this subchapter do not apply to any portion of a nonmetallic mining site that meets the criteria in ss. NR 135.02 (3) and 135.03 (16) (b), except as provided in s. NR 135.02 (4).
NR 135.05(2) (2)The standards of this subchapter apply to nonmetallic mining that occurs beginning 9 months following December 1, 2000, including those lands previously affected by nonmetallic mining on which nonmetallic mining occurs after this date, except as provided in sub. (1).
NR 135.05 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.
NR 135.06 NR 135.06General standards.
NR 135.06(1)(1)Refuse and other solid wastes. Nonmetallic mining refuse shall be reused in accordance with a reclamation plan. Other solid wastes shall be disposed of in accordance with applicable rules of the department adopted pursuant to chs. 289 and 291, Stats.
NR 135.06(2) (2)Area disturbed and contemporaneous reclamation. Nonmetallic mining reclamation shall be conducted, to the extent practicable, to minimize the area disturbed by nonmetallic mining and to provide for nonmetallic mining reclamation of portions of the nonmetallic mining site while nonmetallic mining continues on other portions of the nonmetallic mining site.
NR 135.06(3) (3)Public health, safety and welfare. All nonmetallic mining sites shall be reclaimed in a manner so as to comply with federal, state and local regulations governing public health, safety and welfare.
NR 135.06(4) (4)Habitat restoration. When the land use required by the reclamation plan approved pursuant to an applicable reclamation ordinance requires plant, fish or wildlife habitat, it shall be restored, to the extent practicable, to a condition at least as suitable as that which existed before the lands were affected by nonmetallic mining operations.
NR 135.06(5) (5)Compliance with environmental regulations. Reclamation of nonmetallic mining sites shall comply with any other applicable federal, state and local laws including those related to environmental protection, zoning and land use control.
NR 135.06 Note Note: Other applicable environmental, zoning or land use regulations may include chs. NR 103, 115, 116, 117, 205, 216, 269, 105, 106, 140, 150, 151, 340, 500-555, and 812, chs. 30 and 91, Stats., and Section 404 of the Clean Water Act (33 USC 1344), which may be applicable to all or part of either an existing or proposed nonmetallic mining project.
NR 135.06 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.
NR 135.07 NR 135.07Surface water and wetlands protection. Nonmetallic mining reclamation shall be conducted and completed in a manner that assures compliance with water quality standards for surface waters and wetlands contained in chs. NR 102 through 105. Before disturbing the surface of a nonmetallic mining site and removing topsoil, all necessary measures for diversion and drainage of runoff from the site to prevent pollution of waters of the state shall be installed in accordance with the reclamation plans approved pursuant to an applicable reclamation ordinance. Diverted or channelized runoff resulting from reclamation may not adversely affect neighboring properties.
NR 135.07 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.
NR 135.08 NR 135.08Groundwater protection.
NR 135.08(1)(1)Groundwater quantity. A nonmetallic mining site shall be reclaimed in a manner that does not cause a permanent lowering of the water table that results in adverse effects on surface waters or a significant reduction in the quantity of groundwater reasonably available for future users of groundwater.
NR 135.08(2) (2)Groundwater quality. Nonmetallic mining reclamation shall be conducted in a manner which does not cause groundwater quality standards in ch. NR 140 to be exceeded at a point of standards application.
NR 135.08 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.
NR 135.09 NR 135.09Topsoil management.
NR 135.09(1)(1)Removal. Topsoil and topsoil substitute material shall be provided as specified in the reclamation plan in order to achieve reclamation to the approved post-mining land use. Removal of on-site topsoil and topsoil substitute material removal, when specified in the reclamation plan, shall be performed prior to any mining activity associated with any specific phase of the mining operation.
NR 135.09(2) (2)Volume. The operator shall obtain the volume of soil required to perform final reclamation by removal of on-site topsoil or topsoil substitute material or by obtaining topsoil or substitute material as needed to make up the volume of topsoil as specified in the reclamation plan.
NR 135.09 Note Note: Existing resources that may be used to identify the soil present on a site include the County Soil Surveys and information obtained from a soil scientist or the University of Wisconsin Soil Science Extension Agent or other available resources. Topsoil or topsoil substitute material shall be removed from areas to be affected by mining operations to the depth indicated in the reclamation plan or as determined in the field by a soil scientist, project engineer or other qualified professional.
NR 135.09(3) (3)Storage. Once removed, topsoil or topsoil substitute material shall, as required by the reclamation plan, either be used in contemporaneous reclamation or stored in an environmentally acceptable manner. The location of stockpiled topsoil or topsoil substitute material shall be chosen to protect the material from erosion or further disturbance or contamination. Runoff water shall be diverted around all locations in which topsoil or topsoil substitute material is stockpiled.
NR 135.09 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00; CR 06-024: am. (1) Register November 2006 No. 611, eff. 12-1-06.
NR 135.10 NR 135.10Final grading and slopes.
NR 135.10(1)(1)All areas affected by mining shall be addressed in the approved reclamation plan, pursuant to s. NR 135.19, to provide that a stable and safe condition consistent with the post-mining land use is achieved. The reclamation plan may designate highwalls or other unmined and undisturbed natural solid bedrock as stable and safe and not in need of reclamation or designate other areas affected by mining including slopes comprised of unconsolidated materials that exceed a 3:1 slope, whether or not graded, as stable and safe. For slopes designated as stable under this subsection, the regulatory authority may require that either: a site-specific engineering analysis be performed by a registered professional engineer to demonstrate that an acceptable slope stability factor is attainable at a steeper slope, or the operator perform a field test plot demonstration to demonstrate that a stable and safe condition will be achieved and that the post-mining land use specified in the reclamation plan will not be adversely affected.
NR 135.10(2) (2)Final reclaimed slopes covered by topsoil or topsoil substitute material may not be steeper than a 3:1 horizontal to vertical incline, unless found acceptable through one or more of the following: alternative requirements are approved under s. NR 135.26; steeper slopes are shown to be stable through a field plot demonstration approved as part of an approved reclamation plan; or stable slopes can be demonstrated based on site-specific engineering analysis performed by a registered professional engineer. All areas in the nonmetallic mine site where topsoil or topsoil substitute material is to be reapplied shall be graded or otherwise prepared prior to topsoil or topsoil substitute material redistribution to provide the optimum adherence between the topsoil or topsoil substitute material and the underlying material.
NR 135.10(3) (3)When the approved post-mining land use includes a body of water, the approved final grade at the edge of a body of water shall extend vertically 6 feet below the lowest seasonal water level. A slope no steeper than 3:1 shall be created at a designated location or locations, depending on the size of the water body to allow for a safe exit.
NR 135.10 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00; CR 06-024: r. and recr. Register November 2006 No. 611, eff. 12-1-06.
NR 135.11 NR 135.11Topsoil redistribution for reclamation. Topsoil or topsoil substitute material shall be redistributed in accordance with the approved reclamation plan in a manner which minimizes compaction and prevents erosion. Topsoil or topsoil substitute material shall be uniformly redistributed except where uniform redistribution is undesirable or impractical. Topsoil or topsoil substitute material redistribution may not be performed during or immediately after a precipitation event until the soils have sufficiently dried.
NR 135.11 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.
NR 135.12 NR 135.12Revegetation and site stabilization. Except for permanent roads or similar surfaces identified in the reclamation plan, all surfaces affected by nonmetallic mining shall be reclaimed and stabilized by revegetation or other means. Revegetation and site stabilization shall be in accordance with the approved reclamation plan and shall be performed as soon as practicable after mining activity has permanently ceased in any part of the mine site.
NR 135.12 Note Note: Field test plot demonstrations are highly recommended to ensure that reclamation success standards are met and financial assurance is released as quickly as possible. When field test plots are employed they should be approved as part of the reclamation plan under s. NR 135.19.
NR 135.12 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.
NR 135.13 NR 135.13Assessing completion of successful reclamation.
NR 135.13(1)(1)The criteria for assessing when reclamation is complete and, therefore, when the financial assurance may be released shall be specified in the reclamation plan. Criteria to evaluate reclamation success shall be quantifiable.
NR 135.13(2) (2)Compliance with the revegetation success standards in the approved reclamation plan shall be determined by:
NR 135.13(2)(a) (a) On-site inspections by the regulatory authority or its agent;
NR 135.13(2)(b) (b) Reports presenting results obtained during reclamation evaluations including summarized data on revegetation, photo documentation or other evidence that the criteria approved in the reclamation plan to ascertain success have been met; or
NR 135.13(2)(c) (c) A combination of inspections and reports.
NR 135.13(3) (3)In those cases where the post mining land use specified in the reclamation plan requires a return of the mining site to a pre-mining condition, the operator shall obtain baseline data on the existing plant community for use in the evaluation of reclamation success pursuant to this section.
NR 135.13(4) (4)Revegetation success may be determined by:
NR 135.13(4)(a) (a) Comparison to an appropriate reference area;
NR 135.13(4)(b) (b) Comparison to baseline data acquired at the mining site prior to its being affected by mining; or
NR 135.13(4)(c) (c) Comparison to an approved alternate technical standard.
NR 135.13(5) (5)Revegetation using a variety of plants indigenous to the area is favored.
NR 135.13 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.
NR 135.14 NR 135.14Intermittent mining. Intermittent mining may be conducted provided that the possibility of intermittent cessation of operations is addressed in an operator's reclamation permit, no environmental pollution or erosion of sediments is occurring, and financial assurance for reclamation pursuant to s. NR 135.40 is maintained covering all remaining portions of the site that have been affected by nonmetallic mining and that have not been reclaimed.
NR 135.14 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.
NR 135.15 NR 135.15Maintenance. During the period of the site reclamation, after the operator has stated that reclamation is complete but prior to release of financial assurance, the operator shall perform any maintenance necessary to prevent erosion, sedimentation or environmental pollution, comply with the standards of this subchapter, or to meet the goals specified in the reclamation plan.
NR 135.15 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.
subch. III of ch. NR 135 Subchapter III — Permitting
NR 135.16 NR 135.16Reclamation permit required. No person may engage in nonmetallic mining or in nonmetallic mining reclamation without obtaining a nonmetallic mining reclamation permit issued pursuant to the applicable reclamation ordinance and this chapter, unless the activity is specifically exempted in s. NR 135.02 (1), (3) or 135.03 (16) (b).
NR 135.16 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00; CR 06-024: am. Register November 2006 No. 611, eff. 12-1-06.
NR 135.17 NR 135.17Regulatory authority to issue reclamation permits.
NR 135.17(1)(1)Counties required to issue permits.
NR 135.17(1)(a) (a) Subject to subs. (2) and (3), nonmetallic mining reclamation permits can be issued or otherwise acted on pursuant to this subchapter only by a county that has adopted and administers a nonmetallic mining reclamation ordinance, as required by s. NR 135.32.
NR 135.17(1)(b) (b) If the department finds pursuant to sub. (3) (b) that a municipal regulatory authority's program is not in compliance with this chapter, the county in which the municipality is located shall issue or otherwise act on permits pursuant to this subchapter.
NR 135.17(2) (2)Municipalities permitted to issue permits.
NR 135.17(2)(a)(a) A municipality may issue or otherwise act on nonmetallic mining reclamation permits pursuant to this subchapter if it has adopted and administers a nonmetallic mining reclamation ordinance pursuant to this chapter. Nonmetallic mining subject to regulation by these municipal regulatory authorities are not subject to county or department permitting pursuant to this subchapter.
NR 135.17(2)(b) (b) If the department finds under sub. (3) (b) that a county's program is not in compliance with this chapter, any municipality within the county that has enacted an applicable reclamation ordinance by the time of this finding may continue to issue and otherwise act on permits pursuant to this subchapter.
NR 135.17(3) (3)Department to issue permits in certain conditions. The department shall issue or otherwise act on nonmetallic mining reclamation permits pursuant to this subchapter under either of the following conditions:
NR 135.17(3)(a) (a) Neither the county nor the municipality in which the nonmetallic mining site is located has enacted or has in effect an applicable reclamation ordinance pursuant to this chapter.
NR 135.17(3)(b) (b) The department finds, after a hearing under subch. V, that a regulatory authority's nonmetallic mining reclamation program does not comply with this chapter, except as follows:
NR 135.17(3)(b)1. 1. If the department finds a municipal regulatory authority's program is not in compliance with this chapter, the county in which the municipality is located shall issue or otherwise act on permits pursuant to this subchapter if the county has enacted an applicable reclamation ordinance.
NR 135.17(3)(b)2. 2. If the department finds a county's program is not in compliance with this chapter, any municipality within the county that has enacted an applicable reclamation ordinance by the time of this finding shall continue to issue and otherwise act on permits pursuant to this subchapter.
NR 135.17 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00; CR 06-024: am. (3) (a) Register November 2006 No. 611, eff. 12-1-06.
NR 135.18 NR 135.18Reclamation permit application.
NR 135.18(1)(1)Application required.
NR 135.18(1)(a)(a) The operator of any nonmetallic mine shall apply for and obtain a reclamation permit before beginning mining operations.
NR 135.18(1)(b) (b) The operator shall submit all of the following when making an application in accordance with this subsection:
NR 135.18(1)(b)1. 1. The information required by sub. (2).
NR 135.18(1)(b)2. 2. The first year's annual fee, as required by s. NR 135.39.
NR 135.18(1)(b)3. 3. A reclamation plan conforming to s. NR 135.19.
NR 135.18(1)(b)4. 4. A certification that the operator will provide, as a condition of the reclamation permit, financial assurance as required by s. NR 135.40 upon granting of the reclamation permit and before mining begins.
NR 135.18(1)(c) (c) To avoid duplication, the permit application and submittals required by par. (b) may, by reference, incorporate existing plans or materials that meet the requirements of this chapter.
NR 135.18(2) (2)Application contents. All applications for reclamation permits under this chapter shall include all of the following:
NR 135.18(2)(a) (a) A brief description of the general location and nature of the nonmetallic mine.
NR 135.18(2)(b) (b) A legal description of the property on which the nonmetallic mine is located or proposed, including the parcel identification number.
NR 135.18(2)(c) (c) The names, addresses and telephone numbers of all persons or organizations who are owners or lessors of the property on which the nonmetallic mining site is located.
NR 135.18(2)(d) (d) The name, address and telephone number of the person or organization who is the operator.
NR 135.18(2)(e) (e) A certification by the operator of his or her intent to comply with the statewide nonmetallic mining reclamation standards established by subch. II.
NR 135.18 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00; CR 06-024: r. and recr. Register November 2006 No. 611, eff. 12-1-06.
NR 135.19 NR 135.19Reclamation plan.
NR 135.19(1)(1)Plan required. An operator who conducts or plans to conduct nonmetallic mining shall submit to the regulatory authority a reclamation plan that meets the requirements of this section and complies with the standards of subch. II.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.