Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 340 - Nonmetallic mining and reclamation associated with navigable waterways and adjacent areas › Section NR 340.02 - Definitions

Current through June 24, 2024
In this chapter and in ss.
				  30.19,
				  30.195
				  and
				  30.20,
				  Stats.:
(1) "Abandonment of
				operations" means the cessation of nonmetallic mining operations for more than
				180 consecutive days where the cessation is not specifically set forth in an
				operator's application and permit, or by other written request. Abandonment of
				operations does not include the cessation of activities due to labor strikes or
				natural disasters.
(3) "Buffer
				zone" means an undisturbed strip of land which may require additional planting
				of trees or shrubs to screen the operations from view or act as a sediment trap
				along waterways, property lines, and roads or highways.
(4) "Channel aggradation" means the
				accumulation of material in a stream channel caused by upland erosion, channel
				scour or changes in channel geometry resulting in the loss of aquatic
				habitat.
(5) "Channel degradation"
				means the loss of material from a streambed and banks caused by bank erosion or
				channel scour that results in lowering of the streambed and/or widening the
				channel.
(6) "Department" means the
				department of natural resources.
(7) "Environmental pollution" has the meaning
				specified in s.
				299.01(4),
				Stats.
(9) "Nonmetallic mining",
				"nonmetallic mining operation" or "operation" means excavation, grading or
				dredging operations or activities in navigable waterways and adjacent upland,
				to extract merchantable minerals such as stone, sand, gravel or rock and
				nonmetallic minerals such as asbestos, beryl, clay, feldspar, peat, talc and
				topsoil for sale or use by the operator because of their intrinsic values.
				Related on-site processes and activities such as stockpiling of materials,
				crushing, screening, scalping, dewatering and blending are also
				included.
(10) "Nonmetallic mining
				refuse" or "refuse" means all waste soil, rock, mineral, liquid, vegetation and
				other material resulting from an operation. Refuse does not include
				merchantable by-products directly resulting from or displaced by the
				operation.
(11) "Nonmetallic mining
				site" or "site" means the area disturbed by an operation, including the surface
				area from which materials have been or will be removed, the surface area
				covered by or to be covered by refuse and mineral stockpiles, and land
				disturbed or to be disturbed by the construction or improvement of
				haulageways.
(12) "Operation
				schedule" means a timetable for the commencement, duration and cessation of
				operations. The timetable shall apply to each sequential stage of staged
				operations.
(13) "Operator" means
				any person engaged in, or who has applied for a permit to engage in,
				nonmetallic mining operations, whether individually, jointly or through
				subsidiaries, agents, employees, contractors or subcontractors.
(14) "Permit" means any permit which may be
				required under s.
				30.19,
				30.195
				or
				30.20,
				Stats., of an operator as a condition precedent to commencing nonmetallic
				mining operations at a nonmetallic mining site.
(15) "Progressive reclamation" means
				sequential reclamation activities for each stage of the operation
				schedule.
(16) "Reasonable
				alternatives" means the use of a substitute upland site having similar material
				or, where substitute sites are unavailable, modifying the operation plan or
				reclamation plan to minimize impacts to or stabilize the streambed and banks
				where the objectives of the operator can still be substantially met.
(17) "Reclamation" means the rehabilitation
				of the nonmetallic mining site including, but not limited to, establishment of
				adequate vegetative cover, stabilization of soil conditions, prevention of
				environmental pollution and restoration of fish, plant and wildlife
				habitat.