Chapter NR 135

NR 135.03(14) (14) “Nonmetallic mining reclamation” or “reclamation” means the rehabilitation of a nonmetallic mining site to achieve a land use specified in an approved nonmetallic mining reclamation plan, including removal or reuse of nonmetallic mining refuse, grading of the nonmetallic mining site, removal, storage and replacement of topsoil, stabilization of soil conditions, reestablishment of vegetative cover, control of surface water and groundwater, prevention of environmental pollution and if practicable the restoration of plant, fish and wildlife habitat.

NR 135.03(15) (15) “Nonmetallic mining refuse” means waste soil, rock and mineral, as well as other natural site material resulting from nonmetallic mining. Nonmetallic mining refuse does not include marketable by-products resulting directly from or displaced by the nonmetallic mining.

NR 135.03(16) (16) “Nonmetallic mining site” or “site” means all contiguous areas of present or proposed mining, subject to the qualifications in par. (b).

NR 135.03(16)(a) (a) Nonmetallic mining sites means the following:

NR 135.03(16)(a)1. 1. The location where nonmetallic mining is proposed or conducted.

NR 135.03(16)(a)2. 2. Storage and processing areas that are in or contiguous to areas excavated for nonmetallic mining.

NR 135.03(16)(a)3. 3. Areas where nonmetallic mining refuse is deposited.

NR 135.03(16)(a)4. 4. Areas affected by activities such as the construction or improvement of private roads or haulage ways for nonmetallic mining.

NR 135.03(16)(a)5. 5. Areas where grading or regrading is necessary.

NR 135.03(16)(a)6. 6. Areas where nonmetallic mining reclamation activities are carried out or structures needed for nonmetallic mining reclamation, such as topsoil stockpile areas, revegetation test plots, or channels for surface water diversion, are located.

NR 135.03(16)(b) (b) “Nonmetallic mine site” does not include any of the following areas:

NR 135.03(16)(b)1. 1. Those portions of sites listed in par. (a) not used for nonmetallic mining or purposes related to nonmetallic mining after 8 months following December 1, 2000.

NR 135.03(16)(b)2. 2. Separate, previously mined areas that are not used for nonmetallic mineral extraction after 8 months following December 1, 2000 and are not contiguous to mine sites, including separate areas that are connected to active mine sites by public or private roads.

NR 135.03(16)(b)3. 3. Areas previously mined but used after 8 months following December 1, 2000 for a non-mining activity, such as stockpiles of materials used for an industrial process unrelated to nonmetallic mining.

NR 135.03(17) (17) “Operator” means any person who is engaged in, or who has applied for a permit to engage in, nonmetallic mining, whether individually, jointly or through subsidiaries, agents, employees, contractors or subcontractors.

NR 135.03(17m) (17m) “Person” means an individual, owner, operator, corporation, limited liability company, partnership, association, county, municipality, interstate agency, state agency or federal agency.

NR 135.03(19) (19) “Registered professional engineer” means a person who is registered as a professional engineer pursuant to s. 443.04, Stats.

NR 135.03(20) (20) “Regulatory authority” means either of the following:

NR 135.03(20)(a) (a) The county in which the nonmetallic mining site is located, that has an applicable reclamation ordinance under s. 295.13, Stats., except where a municipality has adopted an applicable reclamation ordinance pursuant to par. (b).

NR 135.03(20)(b) (b) The municipality in which the nonmetallic mining site is located and which has adopted an applicable reclamation ordinance under s. 295.14, Stats.

NR 135.03(20)(c) (c) The department, in cases where a county mining reclamation program is no longer in effect under s. 295.14, Stats., but only if there is no applicable reclamation ordinance enacted by the municipality in which the nonmetallic mining site is located.

NR 135.03(21) (21) “Replacement of topsoil” means the replacement or redistribution of topsoil or topsoil substitute material to all areas where topsoil was actually removed or affected by nonmetallic mining for the purposes of providing adequate vegetative cover and stabilization of soil conditions needed to achieve the approved post-mining land use and as required by the reclamation plan approved pursuant to an applicable reclamation ordinance.

NR 135.03(22) (22) “Solid waste” means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ch. 283, Stats., or source material, special nuclear material or by-product material, as defined in s. 254.31 (1), Stats.

NR 135.03 Note Note: The definition of “solid waste” in s. 289.01 (33), Stats., was amended by 2017 Wis. Acts 284 and 285 to exclude “slag generated by the production or processing of iron or steel and that is managed as an item of value in a controlled manner and is not discarded,” and to exclude “post-use plastics or nonrecycled feedstock that are processed at a pyrolysis or gasification facility; that are held at a pyrolysis or gasification facility, prior to processing at the facility where they are being held, to ensure that production is not interrupted; or that are held off site before delivery to a pyrolysis or gasification facility with the intent that they will be processed at a pyrolysis or gasification facility.”

NR 135.03(23) (23) “Topsoil” means the surface layer of soil which is generally more fertile than the underlying soil layers, which is the natural medium for plant growth and which can provide the plant growth, soil stability and other attributes necessary to meet the success standards approved in the reclamation plan.

NR 135.03(24) (24) “Topsoil substitute material” means soil or other unconsolidated material either used alone or mixed with other beneficial materials and which can provide the plant growth, site stability and other attributes necessary to meet the success standards approved in the reclamation plan.

NR 135.03(25) (25) 

NR 135.03(25)(a) (a) “Unreclaimed acre” or “unreclaimed acres” means those unreclaimed areas in which nonmetallic mining has occurred after 8 months following December 1, 2000 and areas where nonmetallic mining reclamation has been completed but is not yet certified as reclaimed under s. NR 135.40 (7). However the term does not include any areas described in par. (b).

NR 135.03(25)(b) (b) “Unreclaimed acre” or “unreclaimed acres” does not include:

NR 135.03(25)(b)1. 1. Those areas where reclamation has been completed and certified as reclaimed under s. NR 135.40 (7).

NR 135.03(25)(b)2. 2. Those areas previously affected by nonmetallic mining but which are not used for nonmetallic mining after 8 months following December 1, 2000.

NR 135.03(25)(b)3. 3. Those portions of nonmetallic mining sites which are included in an approved nonmetallic mining reclamation plan but are not yet affected by nonmetallic mining.

NR 135.03(25)(b)4. 4. Areas previously mined but used after 8 months following December 1, 2000 for a non-mining activity, such as stockpiling of materials used for an industrial activity such as an asphalt plant, concrete batch plant, block and tile operation or other industry that uses products produced from nonmetallic mining.

NR 135.03(25)(b)5. 5. For purposes of fees under s. NR 135.39, those areas within a nonmetallic mining site which the regulatory authority has determined to have been successfully reclaimed on an interim basis in accordance with s. NR 135.41.

NR 135.03 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00; CR 06-024: r. (7) and (18), cr. (8m), (9m) and (17m), am. (19), r. and recr. (20) Register November 2006 No. 611, eff. 12-1-06; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register August 2011 No. 668.

subch. II of ch. NR 135 Subchapter II — Standards

NR 135.05 NR 135.05 Applicability of standards. The standards of this subchapter apply as follows:

NR 135.05(1) (1) The standards of this subchapter do not apply to any portion of a nonmetallic mining site that meets the criteria in ss. NR 135.02 (3) and 135.03 (16) (b), except as provided in s. NR 135.02 (4).

NR 135.05(2) (2) The standards of this subchapter apply to nonmetallic mining that occurs beginning 9 months following December 1, 2000, including those lands previously affected by nonmetallic mining on which nonmetallic mining occurs after this date, except as provided in sub. (1).

NR 135.05 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.

NR 135.06 NR 135.06 General standards.

NR 135.06(1) (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.

NR 135.06(2) (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.

NR 135.06(3) (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.

NR 135.06(4) (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.

NR 135.06(5) (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.

NR 135.06 Note Note: 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.

NR 135.06 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.

NR 135.07 NR 135.07 Surface water and wetlands protection. 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.

NR 135.07 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.

NR 135.08 NR 135.08 Groundwater protection.

NR 135.08(1) (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.

NR 135.08(2) (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.

NR 135.08 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.

NR 135.09 NR 135.09 Topsoil management.

NR 135.09(1) (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.

NR 135.09(2) (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.

NR 135.09 Note 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.

NR 135.09(3) (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.

NR 135.09 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00; CR 06-024: am. (1) Register November 2006 No. 611, eff. 12-1-06.

NR 135.10 NR 135.10 Final grading and slopes.

NR 135.10(1) (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.

NR 135.10(2) (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.

NR 135.10(3) (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.

NR 135.10 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 135.11 NR 135.11 Topsoil redistribution for reclamation. 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.

NR 135.11 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.

NR 135.12 NR 135.12 Revegetation and site stabilization. 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.

NR 135.12 Note Note: 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.

NR 135.12 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.

NR 135.13 NR 135.13 Assessing completion of successful reclamation.

NR 135.13(1) (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.

NR 135.13(2) (2) Compliance with the revegetation success standards in the approved reclamation plan shall be determined by:

NR 135.13(2)(a) (a) On-site inspections by the regulatory authority or its agent;

NR 135.13(2)(b) (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

NR 135.13(2)(c) (c) A combination of inspections and reports.

NR 135.13(3) (3) In those cases where the post mining land use specified in the reclamation plan requires a return of the mining site to a pre-mining condition, the operator shall obtain baseline data on the existing plant community for use in the evaluation of reclamation success pursuant to this section.

NR 135.13(4) (4) Revegetation success may be determined by:

NR 135.13(4)(a) (a) Comparison to an appropriate reference area;

NR 135.13(4)(b) (b) Comparison to baseline data acquired at the mining site prior to its being affected by mining; or

NR 135.13(4)(c) (c) Comparison to an approved alternate technical standard.

NR 135.13(5) (5) Revegetation using a variety of plants indigenous to the area is favored.

NR 135.13 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.

NR 135.14 NR 135.14 Intermittent mining. 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.

NR 135.14 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.

NR 135.15 NR 135.15 Maintenance. 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.

NR 135.15 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.

subch. III of ch. NR 135 Subchapter III — Permitting

NR 135.16 NR 135.16 Reclamation permit required. 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).