Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter I - General Provisions › Section NR 135.03 - Definitions

Current through June 24, 2024
In this chapter and in s.
					 91.46(6),
					 Stats., and subch. I of ch. 295, Stats.:
(1) "Alternative requirement" means an
				  alternative to the reclamation standards of this chapter provided through a
				  written authorization granted by the regulatory authority pursuant to s.
				  NR
				  135.26.
(2) "Applicable reclamation ordinance" means
				  a nonmetallic mining reclamation ordinance that applies to a particular
				  nonmetallic mining site and complies with the requirements of this chapter and
				  subch. I of ch. 295, Stats., unless the department is the regulatory authority
				  as defined in sub. (20) (c). If the department is the regulatory authority,
				  "applicable reclamation ordinance" means the relevant and applicable provisions
				  of this chapter.
(2m) "Borrow site"
				  means an area outside of a transportation project site from which stone, soil,
				  sand or gravel is excavated for use at the project site, except the term does
				  not include commercial sources.
(3)
				  "Contemporaneous reclamation" means the sequential or progressive reclamation
				  of portions of the nonmetallic mining site affected by mining operations that
				  is performed in advance of final site reclamation, but which may or may not be
				  final reclamation, performed to minimize the area exposed to erosion, at any
				  one time, by nonmetallic mining activities.
(4) "Department" means the department of
				  natural resources.
(6)
				  "Environmental pollution" has the meaning in s.
				  295.11(2),
				  Stats.
(8) "Financial assurance"
				  means a commitment of funds or resources by an operator to a regulatory
				  authority that satisfies the requirements in s.
				  NR 135.40 and
				  is sufficient to pay for reclamation activities required by this
				  chapter.
(8m) "Highwall" means a
				  vertical or nearly vertical face in solid rock or a slope of consolidated or
				  unconsolidated material that is steeper than 3:1.
(9) "Landowner" means the person who has
				  title to land in fee simple or who holds a land contract for the land. A
				  landowner is not a person who owns nonmetallic mineral rights to land, if a
				  different person possesses title to that land in fee simple or holds a land
				  contract for that land.
(9m)
				  "Licensed professional geologist" means a person who is licensed as a
				  professional geologist pursuant to ch. 470, Stats.
(10) "Municipality" means any city, town or
				  village.
(11) "Nonmetallic mineral"
				  means a product, commodity or material consisting principally of naturally
				  occurring, organic or inorganic, nonmetallic, nonrenewable material.
				  Nonmetallic minerals include, but are not limited to, stone, sand, gravel,
				  asbestos, beryl, diamond, clay, coal, feldspar, peat, talc and
				  topsoil.
(13) "Nonmetallic mining"
				  or "mining" means all of following:
(a)
				  Operations or activities at a nonmetallic mining site for the extraction from
				  the earth of mineral aggregates or nonmetallic minerals for sale or use by the
				  operator. Nonmetallic mining includes use of mining equipment or techniques to
				  remove materials from the in-place nonmetallic mineral deposit, including
				  drilling and blasting, as well as associated activities such as excavation,
				  grading and dredging. Nonmetallic mining does not include removal from the
				  earth of products or commodities that contain only minor or incidental amounts
				  of nonmetallic minerals, such as commercial sod, agricultural crops, ornamental
				  or garden plants, forest products, Christmas trees or plant nursery
				  stock.
(b) Processes carried out at
				  a nonmetallic mining site that are related to the preparation or processing of
				  the mineral aggregates or nonmetallic minerals obtained from the nonmetallic
				  mining site. These processes include, but are not limited to stockpiling of
				  materials, blending mineral aggregates or nonmetallic minerals with other
				  mineral aggregates or nonmetallic minerals, blasting, grading, crushing,
				  screening, scalping and dewatering.