Chapter NR 135

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).

NR 135.16 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00; CR 06-024: am. Register November 2006 No. 611, eff. 12-1-06.

NR 135.17 NR 135.17 Regulatory authority to issue reclamation permits.

NR 135.17(1) (1) Counties required to issue permits.

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) (2) Municipalities permitted to issue permits.

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) (1) Application required.

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)1. 1. The information required by sub. (2).

NR 135.18(1)(b)2. 2. The first year’s annual fee, as required by s. NR 135.39.

NR 135.18(1)(b)3. 3. A reclamation plan conforming to s. NR 135.19.

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 NR 135.19 Reclamation plan.

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)(d) (d) Location of manmade features on or near the site.

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) (3) Post-mining land use.

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.