reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter II - Standards › Section NR 135.06 - General standards

Current through June 24, 2024
(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.
(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.
(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.
(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.
(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.
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.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter II - Standards › Section NR 135.07 - Surface water and wetlands protection

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter II - Standards › Section NR 135.08 - Groundwater protection

Current through June 24, 2024
(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.
(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.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter II - Standards › Section NR 135.09 - Topsoil management

Current through June 24, 2024
(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.
(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.
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.
(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.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter II - Standards › Section NR 135.10 - Final grading and slopes

Current through June 24, 2024
(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.
(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.
(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.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter II - Standards › Section NR 135.11 - Topsoil redistribution for reclamation

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter II - Standards › Section NR 135.12 - Revegetation and site stabilization

Current through June 24, 2024
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.
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.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter II - Standards › Section NR 135.13 - Assessing completion of successful reclamation

Current through June 24, 2024
(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.
(2) Compliance with the revegetation success
				  standards in the approved reclamation plan shall be determined by:
(a) On-site inspections by the regulatory
				  authority or its agent;
(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
(c) A combination of inspections
				  and reports.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter II - Standards › Section NR 135.14 - Intermittent mining

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter II - Standards › Section NR 135.15 - Maintenance

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter III - Permitting › Section NR 135.16 - Reclamation permit required

Current through June 24, 2024
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).
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter III - Permitting › Section NR 135.17 - Regulatory authority to issue reclamation permits

Current through June 24, 2024
(1) COUNTIES
				  REQUIRED TO ISSUE PERMITS.
(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.
(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.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter III - Permitting › Section NR 135.18 - Reclamation permit application

Current through June 24, 2024
(1) APPLICATION
				  REQUIRED.
(a) The operator of any nonmetallic
				  mine shall apply for and obtain a reclamation permit before beginning mining
				  operations.
(b) The operator shall
				  submit all of the following when making an application in accordance with this
				  subsection:
1. The information required by
				  sub. (2).
2. The first year's
				  annual fee, as required by s.
				  NR
				  135.39.
3.
				  A reclamation plan conforming to s.
				  NR
				  135.19.
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.
(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.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter III - Permitting › Section NR 135.19 - Reclamation plan

Current through June 24, 2024
(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.
(2) SITE INFORMATION. The reclamation plan
				  shall include information sufficient to describe the existing natural and
				  physical conditions of the site, including, but not limited to:
(a) Maps of the nonmetallic mining site
				  including the general location, property boundaries, the areal extent, geologic
				  composition and depth of the nonmetallic mineral deposit, the distribution,
				  thickness and type of topsoil, the location of surface waters and the existing
				  drainage patterns, the approximate elevation of ground water as determined by
				  existing hydrogeologic information. In specific instances where the existing
				  hydrogeologic information is insufficient for purposes of the reclamation plan,
				  the applicant may supplement the information with the opinion of a licensed
				  professional geologist or hydrologist.
(am) Topsoil or topsoil substitute material,
				  if required to support revegetation needed for reclaiming the site to approved
				  post-mining land use, can be identified using county soil surveys or other
				  available information including that obtained from a soil scientist or the
				  University of Wisconsin soil science extension agent or other available
				  information resources.
(b)
				  Information available to the mine operator on biological resources, plant
				  communities, and wildlife use at and adjacent to the proposed or operating mine
				  site.
(c) Existing topography as
				  shown on contour maps of the site at intervals specified by the regulatory
				  authority.
(d) Location of manmade
				  features on or near the site.
(e)
				  For proposed nonmetallic mine sites that include previously mined areas, a plan
				  view drawing showing the location and extent of land previously affected by
				  nonmetallic mining, including the location of stockpiles, wash ponds and
				  sediment basins.
Note: Some of or all of the information required above may
					 be shown on the same submittal, i.e., the site map required by par. (a) may
					 also show topography required by par. (c).
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter III - Permitting › Section NR 135.20 - Public notice and right of hearing

Current through June 24, 2024
(1) PUBLIC NOTICE.
(a) A regulatory authority that has received
				  an application to issue a reclamation permit shall publish a public notice of
				  the application no later than 30 days after receipt of a complete application
				  or request.
(b) The notice shall
				  briefly describe the mining and reclamation planned at the nonmetallic mining
				  site. The notice shall be published as a class 1 notice pursuant to s.
				  985.07(1),
				  Stats., in the official newspaper of the regulatory authority, or if the
				  department is the regulatory authority in the official newspaper of the county
				  in which the nonmetallic mining site is located. The notice shall mention the
				  opportunity for public hearing pursuant to this section and shall give the
				  locations at which the public may review the application request and all
				  supporting materials including the reclamation plan.
(c) Unless the department is the regulatory
				  authority, copies of the notice shall be forwarded by the regulatory authority
				  to the county or applicable municipal zoning board, the county and applicable
				  local planning organization, the county land conservation officer, and owners
				  of land within 300 feet of the boundaries of the parcel or parcels of land on
				  which the site is located. If the department is the regulatory authority,
				  copies of the notice shall be forwarded to all counties and municipalities in
				  which the site is located.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter III - Permitting › Section NR 135.21 - Reclamation permit issuance

Current through June 24, 2024
(1) PERMIT
				  ISSUANCE. Unless denied pursuant to s.
				  NR
				  135.22, the regulatory authority shall approve in
				  writing an application submitted pursuant to s.
				  NR
				  135.18(1) to issue a nonmetallic
				  mining reclamation permit for a proposed nonmetallic mine. The regulatory
				  authority may issue a reclamation permit subject to conditions in sub. (2) if
				  appropriate. The permit decision shall be made no sooner than 30 nor later than
				  90 days following receipt of the complete reclamation permit application and
				  reclamation plan that meets the requirements of s.
				  NR 135.19
				  pursuant to this subchapter, unless a public hearing is held pursuant to s.
				  NR
				  135.20. If a public hearing is held, the regulatory
				  authority shall issue the reclamation permit, subject to conditions pursuant to
				  sub. (2) if appropriate, or shall deny the permit as provided in s.
				  NR
				  135.22, no later than 60 days after completing the
				  public hearing.
(2) CONDITIONS. The
				  regulatory authority may issue a reclamation permit or approve a reclamation
				  plan subject to general or site-specific conditions if needed to assure
				  compliance with the nonmetallic mining reclamation requirements of this
				  chapter. The approvals may not include conditions that are not related to
				  reclamation. One required condition of the issued permit shall be that the new
				  mine obtain financial assurance pursuant to s.
				  NR 135.40
				  prior to beginning mining.
Note: It is not appropriate for the regulatory authority to
					 impose conditions on a reclamation permit, or the approval of a reclamation
					 plan that address matters not directly related to nonmetallic mining
					 reclamation. These matters may include but are not limited to: traffic,
					 setbacks, blasting, dewatering, hours of operation, noise or dust control or
					 the question of whether to use the land for mining.
(3) COOPERATIVE ISSUANCE BY MULTIPLE
				  AUTHORITIES. If more than one regulatory authority has jurisdiction over a
				  single nonmetallic mining site, the regulatory authorities shall cooperatively
				  issue a single reclamation permit for the nonmetallic mining site. Any
				  unresolvable issues may be referred to the department under s.
				  NR
				  135.52.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter III - Permitting › Section NR 135.22 - Denial of application for reclamation permit

Current through June 24, 2024
(1) An application
				  to issue a nonmetallic mining reclamation permit shall be denied, within the
				  time frame for permit issuance specified in s.
				  NR
				  135.21, if the regulatory authority finds any of the
				  following:
(a) The applicant has, after being
				  given an opportunity to make corrections, failed to provide an adequate permit
				  application, reclamation plan, financial assurance or any other submittal
				  required by this chapter or the applicable reclamation ordinance to the
				  regulatory authority.
(b) The
				  proposed nonmetallic mining site cannot be reclaimed in compliance with the
				  reclamation standards contained in the applicable reclamation ordinance, this
				  chapter or subch. I of ch. 295, Stats.
(c)
1. The
				  applicant, or its agent, principal or predecessor has, during the course of
				  nonmetallic mining in Wisconsin within 10 years of the permit application or
				  modification request being considered shown a pattern of serious violations of
				  this chapter or of federal, state or local environmental laws related to
				  nonmetallic mining reclamation.
2.
				  The following may be considered in making this determination of a pattern of
				  serious violations:
a. Results of judicial or
				  administrative proceedings involving the operator or its agent, principal or
				  predecessor.
b. Suspensions or
				  revocations of nonmetallic mining reclamation permits pursuant to this
				  chapter.
c. Forfeitures of
				  financial assurance.
(d) A denial under this subsection shall be
				  in writing and shall contain documentation of reasons for denial.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter III - Permitting › Section NR 135.23 - Automatic permitting and expedited permit review

Current through June 24, 2024
(1) AUTOMATIC
				  PERMITTING OF BORROW SITES FOR LOCAL TRANSPORTATION PROJECTS.
(a) The regulatory authority shall
				  automatically issue an expedited permit under this subsection if the borrow
				  site:
1. Will be opened and reclaimed under
				  contract with a municipality within a period not exceeding 36 months;
2. Is a nonmetallic mine which is intended to
				  provide stone, soil, sand or gravel for the construction, reconstruction,
				  maintenance or repair of a highway, railroad, airport facility or other
				  transportation facility under contract with a municipality;
3. Is regulated and will be reclaimed under
				  contract with a municipality in accordance with the requirements of the
				  department of transportation concerning the restoration of nonmetallic mining
				  sites;
4. Is not a commercial
				  source;
5. Will be constructed,
				  operated and reclaimed in accordance with applicable zoning requirements, if
				  any, and;
6. Is not otherwise
				  exempt from the requirements of this chapter under s.
				  NR
				  135.02(3).
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter III - Permitting › Section NR 135.24 - Permit modification

Current through June 24, 2024
(1) BY THE REGULATORY AUTHORITY. If a
				  regulatory authority finds that, because of changing conditions, the
				  nonmetallic mining site no longer is in compliance with this chapter or the
				  applicable reclamation ordinance, it shall issue an order modifying the permit
				  in accordance with s.
				  NR
				  135.43. This modifying order may require the operator
				  to amend or submit new application information, reclamation plan, proof of
				  financial assurance or other information needed to ensure compliance with this
				  chapter or the applicable reclamation ordinance.
(2) BY THE OPERATOR. If an operator desires
				  to modify a nonmetallic mining reclamation permit or reclamation plan, the
				  operator shall submit an application to modify the permit or plan to the
				  regulatory authority. The application shall be subject to the requirements of
				  this subchapter. The regulatory authority that issued the permit shall take
				  action on the application to modify it in accordance with the standards and
				  procedures contained in this subchapter.
(3) REVIEW. All actions by the regulatory
				  authority pursuant to this section may be reviewed under s.
				  NR
				  135.30.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter III - Permitting › Section NR 135.25 - Permit suspension and revocation

Current through June 24, 2024
(1) GROUNDS. A
				  regulatory authority may suspend or revoke a nonmetallic mining permit issued
				  pursuant to this chapter if it finds that the operator has done any of the
				  following:
(a) Failed to submit a
				  satisfactory reclamation plan within the time frames specified in this
				  subchapter.
(b) Failed to submit or
				  maintain financial assurance as required by this chapter.
(c) Failed on a repetitive and significant
				  basis to follow the approved reclamation plan.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter III - Permitting › Section NR 135.26 - Approval of alternate requirements

Current through June 24, 2024
(1) CRITERIA. A
				  regulatory authority may approve an alternate requirement to the reclamation
				  standards established in this chapter if the operator demonstrates and the
				  regulatory authority finds that all of the following criteria are met:
(a) The nonmetallic mining site, the
				  surrounding property or the mining plan or reclamation plan has a unique
				  characteristic which requires an alternate requirement.
(b) Unnecessary hardship which is peculiar to
				  the nonmetallic mining site or plan will result unless the alternate
				  requirement is approved.
(c)
				  Reclamation in accordance with the proposed alternate requirement will achieve
				  the planned post-mining land use and long term site stability in a manner that
				  will not cause environmental pollution or threaten public health, safety or
				  welfare.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter III - Permitting › Section NR 135.27 - Permit duration

Current through June 24, 2024
A nonmetallic mining reclamation permit issued pursuant to
					 this chapter shall last through the mine's operation and reclamation as
					 described in the approved reclamation plan. If changes occur in the area to be
					 mined, the nature of planned reclamation, or other aspects of mining require
					 that the approved reclamation plan be amended, the operator shall apply for a
					 permit modification pursuant to s.
					 NR
					 135.24(2). If the mine operator is
					 not the landowner, the permit duration cannot exceed the duration of the lease
					 unless the lease is renewed or the permit is transferred to a subsequent lessee
					 or the landowner pursuant to s.
					 NR
					 135.28.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter III - Permitting › Section NR 135.28 - Permit transfer

Current through June 24, 2024
(1) A nonmetallic mining permit may be
				  transferred to a new operator upon submittal to the regulatory authority of
				  proof of financial assurance and a certification in writing by the new permit
				  holder that all conditions of the permit will be complied with.
(2) The transfer is not valid until financial
				  assurance has been submitted by the new operator and accepted by the regulatory
				  authority and the regulatory authority makes a written finding that all
				  conditions of the permit will be complied with. The previous operator shall
				  maintain financial assurance until the new operator has received approval and
				  provided the financial assurance under this section.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter III - Permitting › Section NR 135.29 - Change of regulatory authority

Current through June 24, 2024
If there is a change of regulatory authority for a
					 nonmetallic mining site, the site's nonmetallic mining permit shall remain in
					 effect and be enforceable until the permit is modified by the new regulatory
					 authority.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter III - Permitting › Section NR 135.30 - Review of permit decision

Current through June 24, 2024
(1) COUNTY OR
				  MUNICIPAL PERMIT DECISION. Notwithstanding ss.
				  68.001,
				  68.03(8) and
				  (9),
				  68.06 and
				  68.10(1)
				  (b), Stats., any person who meets the
				  requirements of s.
				  227.42(1),
				  Stats., may obtain a contested case hearing under s.
				  68.11,
				  Stats., on a county or municipal regulatory authority's decision to issue, deny
				  or modify a nonmetallic mining reclamation permit.
(2) DEPARTMENT PERMIT DECISION. Any person
				  who meets the requirements of s.
				  227.42(1),
				  Stats., may seek review of a department decision to issue, deny or modify a
				  nonmetallic mining reclamation permit, where the department administers a
				  nonmetallic mining reclamation program pursuant to s.
				  NR
				  135.17(3). This hearing shall be held
				  as a contested case hearing pursuant to ss.
				  227.42
				  and
				  227.43,
				  Stats. The hearing shall be conducted within the county where the nonmetallic
				  mining site is located. Decisions from these hearings are reviewable in court
				  pursuant to ss.
				  227.52
				  to
				  227.59,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter IV - Administration and Enforcement › Section NR 135.32 - Regulatory authorities for administration of a nonmetallic mining reclamation program

Current through June 24, 2024
(1) COUNTIES REQUIRED TO ADMINISTER
				  NONMETALLIC MINING RECLAMATION PROGRAMS. Each county shall enact and administer
				  a nonmetallic reclamation ordinance that complies with this chapter, except as
				  provided in subs. (2), (3) and (4). Counties shall administer them in
				  conformance with this chapter. Within 6 months of the effective date of
				  revisions to this chapter, counties shall amend their ordinances to ensure
				  compliance with this chapter.
(2)
				  MUNICIPALITIES PERMITTED TO ADMINISTER A NONMETALLIC MINING RECLAMATION
				  PROGRAM. A municipality may administer and enforce a nonmetallic mining
				  reclamation program pursuant to this subchapter if it has adopted and
				  administers a reclamation ordinance that complies with this chapter.
				  Municipalities shall administer these ordinances in conformance with this
				  chapter. Nonmetallic mining subject to municipal administration and enforcement
				  is not subject to county or department administration and enforcement pursuant
				  to this subchapter. Within 6 months of the effective date of revisions to this
				  chapter, municipalities that continue to administer nonmetallic mining
				  reclamation programs shall amend their ordinances to ensure compliance with
				  this chapter.
(3) DEPARTMENT TO
				  ADMINISTER A NONMETALLIC MINING RECLAMATION PROGRAM UNDER CERTAIN CONDITIONS.
				  The department shall administer and enforce a nonmetallic mining reclamation
				  program pursuant to this subchapter only under either of the following
				  conditions:
(a) The county in which a
				  nonmetallic mining site is located has not enacted an applicable reclamation
				  ordinance, and no applicable reclamation ordinance has been adopted by the
				  municipality in which the site is located.
(b) The department finds, after a hearing
				  pursuant to subch. V, that a county or municipality's nonmetallic mining
				  reclamation program does not comply with this chapter, except as follows:
1. If the department finds a municipality's
				  program does not comply with this chapter, the county in which the site is
				  located shall administer and enforce a nonmetallic mining reclamation program
				  if it enacts an applicable reclamation ordinance.
2. If the department finds a county's program
				  does not comply with this chapter, any municipality that has enacted an
				  applicable reclamation ordinance by the time of this finding may continue to
				  administer and enforce its nonmetallic mining reclamation program.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter IV - Administration and Enforcement › Section NR 135.35 - Model nonmetallic mining reclamation ordinances

Current through June 24, 2024
The department shall prepare and publish one or more model
					 reclamation ordinances for counties and municipalities to use in complying with
					 the requirements of this chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter IV - Administration and Enforcement › Section NR 135.36 - Operator reporting requirements

Current through June 24, 2024
(1) An operator
				  shall submit an annual report for every nonmetallic mining site with a
				  reclamation permit to the regulatory authority. The annual report shall include
				  all of the following:
(a) The name and
				  mailing address of the operator.
(b) The location of the nonmetallic mining
				  site, including legal description, tax key number or parcel identification
				  number if available.
(d) The
				  identification number of the applicable nonmetallic mining permit, if assigned
				  by the regulatory authority.
(e)
				  The acreage currently affected by nonmetallic mining extraction and not yet
				  reclaimed.
(f) The amount of
				  acreage that has been reclaimed to date, on a permanent basis and the amount
				  reclaimed on an interim basis.
(g)
				  A plan, map or diagram accurately showing the acreage described in pars. (e)
				  and (f).
(h) The following
				  certification, signed by the operator:
"I certify that this information is true and accurate, and
					 that the nonmetallic mining site described herein complies with all conditions
					 of the applicable nonmetallic mining permit and Chapter
					 NR
					 135, Wisconsin Administrative Code."
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter IV - Administration and Enforcement › Section NR 135.37 - Regulatory authority's annual report to the department

Current through June 24, 2024
Unless the department is the regulatory authority, the
					 regulatory authority shall submit an annual program report to the department by
					 March 31 for the previous calendar year. The regulatory authority's annual
					 report shall include the following:
(1) The total number of nonmetallic mining
				  permits in effect.
(2) The number
				  of new permits issued within the jurisdiction of the regulatory
				  authority.
(3) The number of acres
				  approved for nonmetallic mining and the number of acres newly approved in the
				  previous year.
(4) The number of
				  acres being mined or unreclaimed acres.
(5) The number of acres that have been
				  reclaimed and have had financial assurance released pursuant to this
				  subchapter.
(6) The number of acres
				  that are reclaimed and awaiting release from the financial assurance
				  requirements of this subchapter.
(7) The number and nature of alternative
				  requirements granted, permit modifications, violations, public hearings,
				  enforcement actions, penalties that have been assessed and bond or financial
				  assurance forfeitures.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter IV - Administration and Enforcement › Section NR 135.38 - Operator reporting of completed reclamation

Current through June 24, 2024
An operator shall file a notice of completed reclamation
					 with the regulatory authority when the operator deems reclamation activities to
					 be completed for a portion of the nonmetallic mine site or for the entire site.
					 The notice of completed reclamation shall be filed as provided by the
					 applicable reclamation ordinance.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter IV - Administration and Enforcement › Section NR 135.39 - Fees

Current through June 24, 2024
(1) AREAS SUBJECT TO FEES.
(a) Fees shall be assessed pursuant to this
				  section for all unreclaimed acres of a nonmetallic mine site, as defined in s.
				  NR
				  135.03(25), except the following:
1. Areas that are defined in s.
				  NR
				  135.03(16) (b) as not subject to this
				  chapter. Fees may not be assessed on acreage where nonmetallic mining is
				  proposed and approved but where no nonmetallic mining has yet taken place.
Note: Fees are assessed only on active areas see definition
					 on "unreclaimed acre" under s.
					 NR
					 135.03(25) (b).
2. Areas that have been determined by the
				  regulatory authority to qualify for fee waiver because of successful interim
				  reclamation pursuant to s.
				  NR
				  135.41.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter IV - Administration and Enforcement › Section NR 135.41 - Interim reclamation waiver

Current through June 24, 2024
If the regulatory authority determines that areas within a
					 mining site have been successfully reclaimed on an interim basis in accordance
					 with the reclamation plan, the regulatory authority:
(1) Shall waive annual acreage fees for those
				  areas, and
(2) May reduce or waive
				  financial assurance requirements for those areas.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter IV - Administration and Enforcement › Section NR 135.42 - Regulatory authority right of inspection

Current through June 24, 2024
(1) No person may
				  refuse entry or access onto a nonmetallic mining site of a duly authorized
				  officer, employee or agent of the regulatory authority or the department who
				  presents appropriate credentials to inspect the site for compliance with the
				  nonmetallic mining reclamation permit, the applicable reclamation ordinance,
				  this chapter or ch. 295, subch. I, Stats. Any person who enters the site under
				  this right of inspection shall obtain training and provide their own safety
				  equipment needed to comply with any federal, state or local laws or regulations
				  controlling persons on the nonmetallic mining site.
(2) If requested, the department shall
				  furnish to the operator a written report of its inspection under this section,
				  setting forth all relevant observations, information and data which relate to
				  the site's compliance status under this chapter and ch. 295, subch. I,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter IV - Administration and Enforcement › Section NR 135.43 - Enforcement, orders, penalties

Current through June 24, 2024
(1) LOCAL ORDERS
				  AND ENFORCEMENT. The regulatory authority that administers a nonmetallic mining
				  reclamation ordinance, or an agent designated by that governing body, may do
				  any of the following:
(a) Issue an order,
				  requiring an operator to either comply with provisions of or cease violations
				  of ch. 295, subch. I, Stats., this chapter, an applicable reclamation
				  ordinance, a nonmetallic mining reclamation permit, permit conditions or an
				  approved mining reclamation plan.
(b) Issue a special order suspending or
				  revoking a nonmetallic mining reclamation permit under s.
				  NR
				  135.25, or directing an operator to immediately cease
				  an activity regulated under this chapter or under an applicable reclamation
				  ordinance until the necessary plan approval is obtained.
(c) Submit an order to abate violations of
				  the nonmetallic mining reclamation ordinance to a district attorney,
				  corporation counsel, municipal attorney or the attorney general for
				  enforcement. The district attorney, corporation counsel, municipal attorney or
				  the attorney general may enforce those orders.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter V - Department Oversight and Assistance › Section NR 135.44 - Department review of pre-existing ordinances

Current through June 24, 2024
(1) Any county or
				  municipality that intends to enforce a nonmetallic mining reclamation ordinance
				  that was in effect before June 1, 1993 shall submit a copy of the ordinance to
				  the department.
(2) If the
				  department finds that any part of the submitted reclamation ordinance is not at
				  least as restrictive as the requirements of this chapter, or is not adequate to
				  effect the purposes of ch. 295, subch. I, Stats., and meet the requirements of
				  this chapter, it shall communicate this finding and the basis for it to the
				  county or municipality in writing. The county or municipality may amend its
				  reclamation ordinance and submit the amended ordinance to the department for a
				  determination under this subsection of whether the amended ordinance is at
				  least as restrictive as the requirements of this chapter. The county or
				  municipality may continue administering its reclamation ordinance while working
				  to amend the ordinance to comply with this chapter. Where amendment is
				  necessary pursuant to this subsection, the county or municipality shall submit
				  a copy of the amended reclamation ordinance as enacted to the
				  department.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter V - Department Oversight and Assistance › Section NR 135.45 - Department review of new ordinances

Current through June 24, 2024
(1) A county or
				  municipality which proposes to adopt a nonmetallic mining reclamation ordinance
				  in accordance with this chapter shall submit the proposed ordinance to the
				  department for review and a determination of compliance at least 45 days prior
				  to its adoption. The county or municipality may submit a description of its
				  proposed nonmetallic mining program to the department for technical
				  advice.
(2) The department shall
				  determine whether the ordinance will comply with this chapter.
(3) Within 30 days of receipt of a proposed
				  ordinance under this section, the department shall advise the county or
				  municipality of its determination under sub. (2).
(4) Before the governing body of a county or
				  municipality adopts a proposed ordinance, it shall obtain a determination of
				  compliance from the department under this section.
(5) Upon enactment, the county or
				  municipality shall submit a final copy of the ordinance to the
				  department.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter V - Department Oversight and Assistance › Section NR 135.46 - Amendment of ordinances

Current through June 24, 2024
A county or municipality may not amend its nonmetallic
					 mining reclamation ordinance in a manner which makes it more or less
					 restrictive than this chapter. The county or municipality shall submit a copy
					 of an amended ordinance to the department.