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 HistoryHistory: 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 135.11NR 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 135.12NR 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 NoteNote: 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 135.13NR 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)(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(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)(b)(b) Comparison to baseline data acquired at the mining site prior to its being affected by mining; or

NR 135.14NR 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 135.15NR 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 135.16NR 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).