Register September 2018 No. 753
Chapter NR 135
NONMETALLIC MINING RECLAMATION
Subchapter I — General Provisions
NR 135.01 Purpose and scope.
Subchapter II — Standards
NR 135.05 Applicability of standards.
NR 135.06 General standards.
NR 135.07 Surface water and wetlands protection.
NR 135.08 Groundwater protection.
NR 135.09 Topsoil management.
NR 135.10 Final grading and slopes.
NR 135.11 Topsoil redistribution for reclamation.
NR 135.12 Revegetation and site stabilization.
NR 135.13 Assessing completion of successful reclamation.
NR 135.14 Intermittent mining.
Subchapter III — Permitting
NR 135.16 Reclamation permit required.
NR 135.17 Regulatory authority to issue reclamation permits.
NR 135.18 Reclamation permit application.
NR 135.19 Reclamation plan.
NR 135.20 Public notice and right of hearing.
NR 135.21 Reclamation permit issuance.
NR 135.22 Denial of application for reclamation permit.
NR 135.23 Automatic permitting and expedited permit review.
NR 135.24 Permit modification.
NR 135.25 Permit suspension and revocation.
NR 135.26 Approval of alternate requirements.
NR 135.27 Permit duration.
NR 135.28 Permit transfer.
NR 135.29 Change of regulatory authority.
NR 135.30 Review of permit decision.
Subchapter IV — Administration and Enforcement
NR 135.32 Regulatory authorities for administration of a nonmetallic mining reclamation program.
NR 135.35 Model nonmetallic mining reclamation ordinances.
NR 135.36 Operator reporting requirements.
NR 135.37 Regulatory authority's annual report to the department.
NR 135.38 Operator reporting of completed reclamation.
NR 135.40 Financial assurance.
NR 135.41 Interim reclamation waiver.
NR 135.42 Regulatory authority right of inspection.
NR 135.43 Enforcement, orders, penalties.
Subchapter V — Department Oversight and Assistance
NR 135.44 Department review of pre-existing ordinances.
NR 135.45 Department review of new ordinances.
NR 135.46 Amendment of ordinances.
NR 135.47 Department audits.
NR 135.48 Noncompliance hearing.
NR 135.49 Municipal noncompliance, consequences.
NR 135.50 County noncompliance, consequences.
NR 135.51 Nonmetallic mining advisory committee.
NR 135.52 Department assistance.
Subchapter VI — Registration of Marketable Nonmetallic Mineral Deposits.
NR 135.54 Marketable nonmetallic mineral deposit.
NR 135.55 Who may register a marketable nonmetallic mineral deposit.
NR 135.56 Registration requirements.
NR 135.57 Registration of contiguous parcels.
NR 135.58 Objection to registration by a zoning authority.
NR 135.59 Duration and renewal of registration.
NR 135.60 Previously registered deposits.
NR 135.61 Termination of registration of a depleted deposit.
NR 135.62 Relationship to planning and zoning.
NR 135.63 Right of eminent domain.
NR 135.01(1)(1)
Purpose. The purpose of this chapter is to require reclamation of nonmetallic mining sites. The rule is promulgated pursuant to ch.
295, subch. I, Stats. The goals of reclamation are:
NR 135.01(1)(a)
(a) To rehabilitate sites where nonmetallic mining takes place after the effective date of an applicable reclamation ordinance, in order to promote the removal or reuse of nonmetallic mining refuse, removal of roads no longer in use, grading of the nonmetallic mining site, replacement of topsoil, stabilization of soil conditions, establishment of vegetative cover, control of surface water flow and groundwater withdrawal, prevention of environmental pollution, development and reclamation of existing nonmetallic mining sites, and development and restoration of plant, fish and wildlife habitat if needed to comply with an approved reclamation plan.
NR 135.01(1)(b)
(b) To assure nonmetallic mining operations after the effective date of an applicable reclamation ordinance are conducted in a manner that promotes successful reclamation consistent with the standards established in this chapter, minimizes the cost of nonmetallic mining reclamation, encourages the development and reclamation of existing nonmetallic mining sites and, to the extent practicable, minimizes areas disturbed by nonmetallic mining at any time and provides for contemporaneous nonmetallic mining reclamation.
NR 135.01(2)
(2)
Scope. To accomplish these goals, this chapter establishes standards for reclaiming nonmetallic sites, sets out nonmetallic mining reclamation permit requirements, defines procedures and requirements applicable to mines subject to this chapter, defines procedures for administering nonmetallic mining reclamation programs, including the exercise of the department's authority for inspection, review and enforcement, and establishes a procedure for landowners to register marketable nonmetallic mineral deposits in order to preserve these resources.
NR 135.01 History
History: Cr.
Register, September, 2000, No. 537, eff. 12-1-00.
NR 135.02
NR 135.02 Applicability. This chapter applies to nonmetallic mining sites as follows:
NR 135.02(1)
(1)
Applicability. This chapter applies to all nonmetallic mining sites, except as exempted in sub.
(3). This chapter does not apply to nonmetallic mining sites where nonmetallic mining permanently ceased before August 1, 2001.
NR 135.02(2)
(2)
Public nonmetallic mining. Except as exempted in sub.
(3), this chapter applies to nonmetallic mining conducted by or on behalf of the state of Wisconsin, by or on behalf of a county, municipality, or for the benefit or use of the state or any state agency, board, commission or department, except that the financial assurance requirements of s.
NR 135.40 do not apply to nonmetallic mining conducted by the state, a state agency, board, commission or department, county or a municipality.
NR 135.02(3)
(3)
Exempt activities. Except as provided in sub.
(4), this chapter does not apply to any of the following activities:
NR 135.02(3)(a)
(a) Nonmetallic mining at a site or that portion of a site that is subject to permit and reclamation requirements of the department under s.
30.19,
30.195 or
30.20, Stats., and complies with ch.
NR 340.
NR 135.02(3)(c)
(c) Excavations or grading by a person solely for domestic or farm use at that person's residence or farm.
NR 135.02(3)(d)
(d) Excavations or grading conducted for the construction, reconstruction, maintenance or repair of a highway, railroad, airport facility, or any other transportation facility where the excavation or grading is entirely within the property boundaries of the transportation facility.
NR 135.02(3)(e)
(e) Grading conducted for preparing a construction site or restoring land following a flood or natural disaster.
