NR 135.17(1)(a)
(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.
NR 135.17(1)(b)
(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.
NR 135.17(2)(a)(a) A municipality may issue or otherwise act on nonmetallic mining reclamation permits pursuant to this subchapter if it has adopted and administers a nonmetallic mining reclamation ordinance pursuant to this chapter. Nonmetallic mining subject to regulation by these municipal regulatory authorities are not subject to county or department permitting pursuant to this subchapter.
NR 135.17(2)(b)
(b) If the department finds under sub.
(3) (b) that a county's program is not in compliance with this chapter, any municipality within the county that has enacted an applicable reclamation ordinance by the time of this finding may continue to issue and otherwise act on permits pursuant to this subchapter.
NR 135.17(3)
(3) Department to issue permits in certain conditions. The department shall issue or otherwise act on nonmetallic mining reclamation permits pursuant to this subchapter under either of the following conditions:
NR 135.17(3)(a)
(a) Neither the county nor the municipality in which the nonmetallic mining site is located has enacted or has in effect an applicable reclamation ordinance pursuant to this chapter.
NR 135.17(3)(b)
(b) The department finds, after a hearing under subch.
V, that a regulatory authority's nonmetallic mining reclamation program does not comply with this chapter, except as follows:
NR 135.17(3)(b)1.
1. If the department finds 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 if the county has enacted an applicable reclamation ordinance.
NR 135.17(3)(b)2.
2. If the department finds a county's program is not in compliance with this chapter, any municipality within the county that has enacted an applicable reclamation ordinance by the time of this finding shall continue to issue and otherwise act on permits pursuant to this subchapter.
NR 135.17 History
History: Cr.
Register, September, 2000, No. 537, eff. 12-1-00;
CR 06-024: am. (3) (a)
Register November 2006 No. 611, eff. 12-1-06.
NR 135.18
NR 135.18
Reclamation permit application. NR 135.18(1)(a)(a) The operator of any nonmetallic mine shall apply for and obtain a reclamation permit before beginning mining operations.
NR 135.18(1)(b)
(b) The operator shall submit all of the following when making an application in accordance with this subsection:
NR 135.18(1)(b)4.
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.
NR 135.18(1)(c)
(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.
NR 135.18(2)
(2) Application contents. All applications for reclamation permits under this chapter shall include all of the following:
NR 135.18(2)(a)
(a) A brief description of the general location and nature of the nonmetallic mine.
NR 135.18(2)(b)
(b) A legal description of the property on which the nonmetallic mine is located or proposed, including the parcel identification number.
NR 135.18(2)(c)
(c) The names, addresses and telephone numbers of all persons or organizations who are owners or lessors of the property on which the nonmetallic mining site is located.
NR 135.18(2)(d)
(d) The name, address and telephone number of the person or organization who is the operator.
NR 135.18(2)(e)
(e) A certification by the operator of his or her intent to comply with the statewide nonmetallic mining reclamation standards established by subch.
II.
NR 135.18 History
History: Cr.
Register, September, 2000, No. 537, eff. 12-1-00;
CR 06-024: r. and recr.
Register November 2006 No. 611, eff. 12-1-06.
NR 135.19(1)(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.
NR 135.19(2)
(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:
NR 135.19(2)(a)
(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.
NR 135.19(2)(am)
(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.
NR 135.19(2)(b)
(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.
NR 135.19(2)(c)
(c) Existing topography as shown on contour maps of the site at intervals specified by the regulatory authority.
NR 135.19(2)(e)
(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.
NR 135.19 Note
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).
NR 135.19(3)(a)
(a) The reclamation plan shall specify a proposed post-mining land use for the nonmetallic mine site. The proposed post-mining land use shall be consistent with local land use plans and local zoning at the time the plan is submitted, unless a change to the land use plan or zoning is proposed. The proposed post-mining land use shall also be consistent with any applicable state, local or federal laws in effect at the time the plan is submitted.
NR 135.19 Note
Note: A proposed post-mining land use is necessary to determine the type and degree of reclamation needed to correspond with that land use. The post mining land use will be key in determining the reclamation plan. Final slopes, drainage patterns, site hydrology, seed mixes and the degree of removal of mining-related structures, drainage structures, and sediment control structures will be dictated by the approved post-mining land use.
NR 135.19(3)(b)
(b) Land used for nonmetallic mineral extraction in areas zoned under a farmland preservation zoning ordinance pursuant to subch.
III of ch. 91, Stats., shall be restored to agricultural use.
NR 135.19 Note
Note: Section
91.46 (6), Stats., contains this requirement. Section
91.01 (2), Stats., defines the term “agricultural use."
NR 135.19(4)
(4) Reclamation measures. The reclamation plan shall include a description of the proposed reclamation, including methods and procedures to be used and a proposed schedule and sequence for the completion of reclamation activities for various stages of reclamation of the nonmetallic mining site. The following shall be included:
NR 135.19(4)(a)
(a) A description of the proposed earthwork and reclamation, including final slope angles, high wall reduction, benching, terracing and other structural slope stabilization measures and if necessary a site-specific engineering analysis performed by a registered professional engineer as provided by s.
NR 135.10 (1) and
(2).
NR 135.19(4)(b)
(b) The methods of topsoil or topsoil substitute material removal, storage, stabilization and conservation that will be used during reclamation.
NR 135.19(4)(c)
(c) A plan or map which shows anticipated topography of the reclaimed site and any water impoundments or artificial lakes needed to support the anticipated future land use of the site.
NR 135.19(4)(d)
(d) A plan or map which shows surface structures, roads and related facilities after the cessation of mining.
NR 135.19(4)(e)
(e) The estimated cost of reclamation for each stage of the project or the entire site if reclamation staging is not planned.
NR 135.19(4)(f)
(f) A revegetation plan which shall include timing and methods of seed bed preparation, rates and kinds of soil amendments, seed application timing, methods and rates, mulching, netting and any other techniques needed to accomplish soil and slope stabilization.
NR 135.19(4)(g)
(g) Quantifiable standards for revegetation adequate to show that a sustainable stand of vegetation has been established which will support the approved post-mining land use. Standards for revegetation may be based on the percent vegetative cover, productivity, plant density, diversity or other applicable measures.
NR 135.19(4)(h)
(h) A plan and, if necessary, a narrative showing erosion control measures to be employed during reclamation activities. These shall address how reclamation activities will be conducted to minimize erosion and pollution of surface and groundwater.
NR 135.19(4)(i)
(i) A description of any areas which will be reclaimed on an interim basis sufficient to qualify for the waiver pursuant to s.
NR 135.41 and which will be subsequently disturbed prior to final reclamation. Descriptions shall include an identification of the proposed areas involved, methods of reclamation to comply with the standards in subch.
II and timing of interim and final reclamation.
NR 135.19(4)(j)
(j) A description of how the reclamation plan addresses the long-term safety of the reclaimed mining site. The description shall include a discussion of site-specific safety measures to be implemented at the site and include measures that address public safety with regard to adjacent land uses.
NR 135.19 Note
Note: Safety measures include visual warnings, physical barriers, slope modifications such as reclamation blasting, scaling of the rock face, creation of benches. Other measures may be employed if found to be equivalent by a registered professional engineer.
NR 135.19 Note
Note: Some of the information required by this subsection may be combined; i.e., a single map may show anticipated post-mining topography required by par. (c) as well as structures and roads as required by par. (d).
NR 135.19(5)
(5) Criteria for successful reclamation. The reclamation plan shall contain criteria for assuring successful reclamation in accordance with s.
NR 135.13.
NR 135.19(6)
(6) Certification of reclamation plan. The operator shall provide a signed certification that reclamation will be carried out in accordance with the reclamation plan. If the operator does not own the land, the landowner or lessor, if different from the operator or owner, shall also provide signed certification that they concur with the reclamation plan and will allow its implementation.
NR 135.19(7)
(7) Approval. The regulatory authority shall approve, approve conditionally or deny the reclamation plan in writing in accordance with s.
NR 135.21 (1) Conditional approvals shall be issued according to s.
NR 135.21 (2), and denials of permit applications shall be made according to s.
NR 135.22.
NR 135.19 History
History: Cr.
Register, September, 2000, No. 537, eff. 12-1-00;
CR 06-024: am. (1), (2) (a), (e), (4) (a) and (7), cr. (4) (j), renum. (6) (a) to be (6) and am., r. (6) (b)
Register November 2006 No. 611, eff. 12-1-06; correction in (3) (b) made under s.
13.92 (4) (b) 7., Stats.,
Register August 2011 No. 668.
NR 135.20
NR 135.20
Public notice and right of hearing. NR 135.20(1)(a)(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.
NR 135.20(1)(b)
(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.
NR 135.20(1)(c)
(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.
NR 135.20(2)
(2) Local hearing. A county or municipal regulatory authority shall provide for opportunity for a public informational hearing on an application or request to issue a nonmetallic mining reclamation permit as follows:
NR 135.20(2)(a)
(a) If there is a zoning-related hearing on the nonmetallic mine site, the regulatory authority shall provide the opportunity at this hearing to present testimony on reclamation-related matters. This opportunity shall fulfill the requirement for public hearing for a nonmetallic mining reclamation permit required by this section. The regulatory authority shall consider the reclamation-related testimony in the zoning-related hearing in deciding on a permit application pursuant to this chapter.
NR 135.20(2)(b)1.1. If there is no opportunity for a zoning-related hearing on the nonmetallic mine site as described in par.
(a), opportunity for public hearing required by this section shall be provided as follows. Any person residing within, owning property within, or whose principal place of business is within 300 feet of the boundary of the parcel or parcels of land in which the nonmetallic mining site is located or proposed may request a public informational hearing. The regulatory authority shall hold a public hearing if requested by any of these persons within 30 days of the actual date of public notice under sub.
(1). This public informational hearing shall be held no sooner than 30 days nor later than 60 days after being requested. The hearing shall be conducted as an informational hearing for the purpose of explaining and receiving comment from affected persons on the nature, feasibility and effects of the proposed reclamation. Procedures for the public informational hearing shall be described in the applicable reclamation ordinance.
NR 135.20(2)(b)2.
2. The subject matter and testimony at this informational hearing, if it is held separately from any zoning-related hearing where the opportunity exists for testimony on reclamation pursuant to par.
(a), shall be limited to reclamation of the nonmetallic mine site.
NR 135.20(3)
(3) Hearing on reclamation permit applications to the department. NR 135.20(3)(a)(a) Where the department is the regulatory authority, it shall provide an opportunity for public informational hearing on an application to issue a nonmetallic mining reclamation permit.
NR 135.20(3)(b)
(b) Any person who resides within, owns property within or whose principal place of business is within 300 feet of the nonmetallic mining site may request a public informational hearing. The department shall hold a public hearing if requested by any of these persons within 30 days of the actual date of public notice under sub.
(1), which shall be held no sooner than 30 days and no later than 60 days after being requested and shall be conducted as an informational hearing for the purpose of explaining and receiving comment from affected persons on the nature, feasibility, effects and other relevant aspects of the proposed nonmetallic mining and reclamation. The informational hearing shall be conducted using the procedures for a noncontested case hearing pursuant to ch.
NR 2.
NR 135.20(3)(c)
(c) The subject matter and testimony at this informational hearing shall be limited to reclamation of the nonmetallic mine site.
NR 135.20 Note
Note: Informational hearings are limited to reclamation of the nonmetallic mining site. Regulatory authority staff conducting the hearings should make it clear that the hearings may not cover non-reclamation matters because they are beyond the scope of ch.
NR 135 reclamation. Non-reclamation matters are those related to zoning or subject to other local authority. 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.
NR 135.20 History
History: Cr.
Register, September, 2000, No. 537, eff. 12-1-00;
CR 06-024: am. (1), (2) (intro.) and (3) (a), r. (4)
Register November 2006 No. 611, eff. 12-1-06.
NR 135.21
NR 135.21
Reclamation permit issuance. NR 135.21(1)(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.
NR 135.21(2)
(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.
NR 135.21 Note
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.
NR 135.21(3)
(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.
NR 135.21 History
History: Cr.
Register, September, 2000, No. 537, eff. 12-1-00;
CR 06-024: r. (1), renum. (2) to (4) to be (1) to (3) and am.
Register November 2006 No. 611, eff. 12-1-06.
NR 135.22
NR 135.22
Denial of application for reclamation permit. NR 135.22(1)(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:
NR 135.22(1)(a)
(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.
NR 135.22(1)(b)
(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.
NR 135.22(1)(c)1.1. 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.
NR 135.22(1)(c)2.
2. The following may be considered in making this determination of a pattern of serious violations:
NR 135.22(1)(c)2.a.
a. Results of judicial or administrative proceedings involving the operator or its agent, principal or predecessor.
