NR 135.52 Note Note: Specific mine safety training for reclamation inspectors may be made available through the department of safety and professional services or the federal mine safety and health administration.

NR 135.52(2) (2) Any party may request the department’s technical or administrative opinion to interpret, clarify or to otherwise facilitate progress in permitting matters or in the resolution of any other matter between a regulatory authority and a nonmetallic mine operator.

NR 135.52(3) (3) 

NR 135.52(3)(a) (a) Any party may request the department’s written technical or administrative opinion in a matter involving a dispute between a regulatory authority and a nonmetallic mine operator.

NR 135.52(3)(b) (b) The party should provide a written request detailing the nature and facts of the dispute, a history of previous attempts to resolve the matter, a precise description of the issue or issues where dispute exists and upon which the department is requested to render its technical or administrative opinion.

NR 135.52(3)(c) (c) The department shall respond to requests for technical or administrative opinions in writing within 10 days of receipt of the request indicating whether or not it will render a formal opinion on the matter. If the department acts to provide an opinion, it shall render its written opinion within 45 days of receipt of the request for a technical or administrative opinion. This timeframe may be extended where circumstances such as a lack of sufficient information prevent the department from rendering a valid technical or administrative opinion. In reaching its opinion, the department shall provide an opportunity for all parties to the dispute to provide relevant information and may consider the following: the need for a timely and expeditious resolution, environmental or health risk, economic hardship, whether the opinion is important to statewide program consistency considering significant departure from consistent administration of this chapter’s programs and to the uniform application of reclamation standards, or whether its opinion is precedent setting, or any other factors the department deems relevant.

NR 135.52 Note Note: If the dispute is not resolved as a result of the department’s opinion, any person who meets the requirements of s. 227.42 (1), Stats., may obtain a contested case hearing under s. 68.11, Stats., on a county or municipal regulatory authority’s decision to issue, deny or modify a nonmetallic mining reclamation permit. Please see s. NR 135.30 (1) for more information on appeals procedures.

NR 135.52 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.

subch. VI of ch. NR 135 Subchapter VI — Registration of Marketable Nonmetallic Mineral Deposits.

NR 135.53 NR 135.53 Definitions. In this subchapter:

NR 135.53(1) (1) “Contiguous parcels” means 2 or more parcels of land that share a common property boundary or have property boundaries that meet on at least one point. For purposes of this definition, parcels are contiguous notwithstanding the existence of public or private roads or easements.

NR 135.53(2) (2) “Marketable nonmetallic mineral deposit” means a nonmetallic mineral deposit that meets the criteria in s. NR 135.54.

NR 135.53(2m) (2m) “Permitted or conditional use” means conducting nonmetallic mining under any existing zoning if one of the criteria in s. NR 135.56 (3) (b) is met.

NR 135.53(3) (3) “Zoning authority” means any county or municipal zoning board or other authority which exercises authority to zone the land which a landowner seeks to register under this subchapter.

NR 135.53 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.

NR 135.54 NR 135.54 Marketable nonmetallic mineral deposit. A marketable nonmetallic mineral deposit is one which can be or is reasonably anticipated to be commercially feasible to mine and has significant economic or strategic value. The significant economic or strategic value must be demonstrable using geologic, mineralogical or other scientific data, due to the deposit’s quality, scarcity, location, quantity or proximity to a known user.

NR 135.54 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.

NR 135.55 NR 135.55 Who may register a marketable nonmetallic mineral deposit. Beginning on June 1, 1994, a landowner may register his or her land pursuant to this subchapter.

NR 135.55 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.

NR 135.56 NR 135.56 Registration requirements.

NR 135.56(1) (1) The registration shall include a legal description delineating the land and a certification and delineation by a licensed professional geologist or a registered professional engineer that the land has a marketable nonmetallic mineral deposit. In making this certification, the licensed professional geologist or registered professional engineer shall describe the type and quality of the nonmetallic mineral deposit, the areal extent and depth of the deposit, how the deposit’s quality, extent, location and accessibility contribute to its marketability, and the quality of the deposit in relation to current and anticipated standards and specifications for this type of material. This certification shall be supported by logs or records of drilling, boring, geophysical surveys, records of physical inspections of outcrops or equivalent scientific data.

NR 135.56(2) (2) The certification shall include the licensed professional geologist’s or registered professional engineer’s seal affixed to this statement:

“I hereby certify that this document contains a description of a marketable nonmetallic mineral deposit consistent with the requirements of Chapter NR 135, Wisconsin Administrative Code.”

NR 135.56(3) (3) 

NR 135.56(3)(a) (a) A person wishing to register land pursuant to this subchapter shall provide evidence that nonmetallic mining is a permitted or conditional use for the land under zoning in effect on the day in which notice is provided to the zoning authorities pursuant to sub. (4).

NR 135.56(3)(b) (b) Nonmetallic mining is a permitted or conditional use for land if any of the following apply:

NR 135.56(3)(b)1. 1. There is no existing zoning.

NR 135.56(3)(b)2. 2. The land is in a zoning category that expressly states that nonmetallic mining is either a permitted use or may be allowed as a conditional use.

NR 135.56(3)(b)3. 3. The land is in a zoning category that allows general uses and the zoning authority allows nonmetallic mining as a permitted or conditional use as a subset of the general uses listed for that zoning category, even though nonmetallic mining in not expressly referred to in the zoning.