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 135.02 - Applicability

Current through June 24, 2024
This chapter applies to nonmetallic mining sites as
					 follows:
(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.
(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.
(3) EXEMPT ACTIVITIES. Except as provided in
				  sub. (4), this chapter does not apply to any of the following activities:
(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.
(b) Excavations subject to the permit and
				  reclamation requirements of s.
				  30.30
				  or
				  30.31,
				  Stats.
(c) Excavations or grading
				  by a person solely for domestic or farm use at that person's residence or
				  farm.
(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.
(e)
				  Grading conducted for preparing a construction site or restoring land following
				  a flood or natural disaster.
(f)
				  Excavations for building construction purposes conducted on the building
				  site.
(g) Nonmetallic mining at
				  nonmetallic mining sites where less than one acre of total affected acreage
				  occurs over the life of the mine.
(h) Any mining operation, the reclamation of
				  which is required in a permit obtained under ch. 293, Stats., or under subch.
				  III of ch. 295, Stats.
(i) Any
				  activities required to prepare, operate or close a solid waste disposal
				  facility under ch. 289, Stats., or a hazardous waste disposal facility under
				  ch. 291, Stats., that are conducted on the property where the facility is
				  located, but an applicable nonmetallic mining reclamation ordinance and the
				  standards established in this chapter apply to activities related to solid
				  waste or hazardous waste disposal that are conducted at a nonmetallic mining
				  site that is not on the property where the solid waste or hazardous waste
				  disposal facility is located, such as activities to obtain nonmetallic minerals
				  to be used for lining, capping, covering or constructing berms, dikes or
				  roads.
(j)
1. Nonmetallic mining conducted to obtain
				  stone, soil, sand or gravel for construction, reconstruction, maintenance or
				  repair of a highway, railroad, airport, or any other transportation facility or
				  part thereof, if the nonmetallic mining is subject to the requirements of the
				  department of transportation concerning the restoration of the nonmetallic
				  mining site.
Note
The requirements of the department of
					 transportation concerning the restoration of nonmetallic mining sites, other
					 than commercial sources, are found in sections 104.9 and 208 of the standard
					 specifications.
2. The
				  exemption provided in this paragraph only applies to a nonmetallic mining
				  operation with limited purpose and duration where the department of
				  transportation actively imposes reclamation requirements and the operator
				  reclaims the nonmetallic mining site in accordance with these requirements. The
				  duration of the exemption shall be specific to the length of the department of
				  transportation contract for construction of a specific transportation
				  project.
3. If a nonmetallic mining
				  site covered under subds.
1. and
2. is used to concurrently supply materials
				  for projects unrelated to the department of transportation project, the
				  exemption in this paragraph still applies, provided that the site is fully
				  reclaimed under department of transportation contract and
				  supervision.
(k) Dredging for navigational purposes, to
				  construct or maintain farm drainage ditches and for the remediation of
				  environmental contamination and the disposal of spoils from these activities.
(L) Removal of material from the
				  bed of Lake Michigan or Lake Superior by a public utility pursuant to a permit
				  under s.
				  30.21,
				  Stats.