NR 132.109(2)(d) (d) Surface structures constructed as a part of the mining activities shall be removed, unless they are converted to an acceptable alternate use, as determined by the department.

NR 132.109(2)(e) (e) Adequate measures shall be taken to prevent significant surface subsidence, but if such subsidence does occur, the affected area shall be reclaimed.

NR 132.109(2)(f) (f) Topsoil from surface areas disturbed during the mining operation shall be removed and stored in an environmentally acceptable manner for use in reclamation.

NR 132.109(2)(g) (g) Disturbed surface areas shall be revegetated as soon as practicable after the disturbance to stabilize slopes and prevent air and water pollution, with the objective of reestablishing a variety of plants and animals indigenous to the area immediately prior to mining, unless such reestablishment is inconsistent with the provisions of s. 293.01 (23), Stats. Plant species not indigenous to the area may be used if necessary, to provide rapid stabilization of slopes and prevention of erosion, if such species are acceptable to the department, but the ultimate goal of reestablishment of indigenous species shall be maintained.

NR 132.109(3) (3) An analysis of alternative viable final land uses for the reclaimed site, including the presumed final use of returning affected areas to their approximate original state. The analysis of all options shall consider the extent to which the option is physically, economically and environmentally achievable and socially acceptable.

NR 132.109(4) (4) If requested by the department, a comprehensive long-term plan as provided in s. 293.37 (4) (b), Stats., related to reclamation of operator-controlled lands contiguous to the mining site.

NR 132.109 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 132.110 NR 132.110 Location criteria and environmental standards.

NR 132.110(1) (1) No person shall establish, construct, operate, or maintain the use of property for any mining related buildings, roads, ponds, or other purposes within the following areas, except pursuant to an exemption granted under s. NR 132.112 or in compliance with another approval, license, or permit issued by the department:

NR 132.110(1)(a) (a) Within areas identified as unsuitable under s. NR 132.103 (23).

NR 132.110(1)(b) (b) Within 500 feet of the ordinary high-water mark of any existing navigable lake, pond, or flowage.

NR 132.110(1)(c) (c) Within 500 feet of the ordinary high-water mark of a navigable river or stream.

NR 132.110(1)(d) (d) Within a floodplain.

NR 132.110(1)(e) (e) Within 1,000 feet of the nearest edge of the right-of-way of any of the following unless regardless of season, the site is visually inconspicuous due to screening or being visually absorbed due to natural objects, compatible natural plantings, earth berm, or other appropriate means, or unless, regardless of season, the site is screened so as to be aesthetically pleasing and inconspicuous to the extent feasible:

NR 132.110(1)(e)1. 1. Any state trunk highway, interstate, or federal primary highway.

NR 132.110(1)(e)2. 2. The boundary of a state public park.

NR 132.110(1)(e)3. 3. The boundary of a scenic easement purchased by the department or the department of transportation.

NR 132.110(1)(e)4. 4. The boundary of a designated scenic or wild river.

NR 132.110(1)(e)5. 5. A scenic overlook designated by the department by rule.

NR 132.110(1)(e)6. 6. A bike or hiking trail designated by the United States congress or the state legislature.

NR 132.110(1)(f) (f) Within wetlands, except pursuant to the provisions under s. 281.36, Stats.

NR 132.110(1)(g) (g) Within areas that will result in noncompliance with applicable groundwater quality and quantity protection provisions.

NR 132.110(1)(h) (h) Within areas that will result in noncompliance with other applicable federal and state laws and regulations.

NR 132.110 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 132.111 NR 132.111 Minimum design and operation. An operator shall construct, establish, operate, and maintain a mining site in conformance with the requirements of this chapter, conditions attached to the mining permit, and all of the following requirements:

NR 132.111(1) (1) An operator shall construct a mining site to meet all of the following requirements:

NR 132.111(1)(a) (a) Place site elements where least observable from off the premises in any season.

NR 132.111(1)(b) (b) Place site elements within the area of the overall site that is most visually compatible in respect to building shape.

NR 132.111(1)(c) (c) Paint and maintain buildings and other structures in a manner that is visually compatible with the surrounding vegetational and earth conditions. If a building or other structure cannot be painted and maintained in a manner that is visually compatible or if painting and maintaining a building or other structure in a manner that is visually compatible would cause safety concerns, the building or structure shall be made as visually inconspicuous as is practicable.