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).

NR 135.17NR 135.17 Regulatory authority to issue reclamation 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)(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 HistoryHistory: 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.