NR 135.02(3)(i) (i) Any activities required to prepare, operate or close a solid waste disposal facility under ch. 289, Stats., or a hazardous waste disposal facility under ch. 291, Stats., that are conducted on the property where the facility is located, but an applicable nonmetallic mining reclamation ordinance and the standards established in this chapter apply to activities related to solid waste or hazardous waste disposal that are conducted at a nonmetallic mining site that is not on the property where the solid waste or hazardous waste disposal facility is located, such as activities to obtain nonmetallic minerals to be used for lining, capping, covering or constructing berms, dikes or roads.

NR 135.02(3)(j) (j)

NR 135.02(3)(j)1. 1. Nonmetallic mining conducted to obtain stone, soil, sand or gravel for construction, reconstruction, maintenance or repair of a highway, railroad, airport, or any other transportation facility or part thereof, if the nonmetallic mining is subject to the requirements of the department of transportation concerning the restoration of the nonmetallic mining site.

NR 135.02 Note Note: The requirements of the department of transportation concerning the restoration of nonmetallic mining sites, other than commercial sources, are found in sections 104.9 and 208 of the standard specifications.

NR 135.02(3)(j)2. 2. The exemption provided in this paragraph only applies to a nonmetallic mining operation with limited purpose and duration where the department of transportation actively imposes reclamation requirements and the operator reclaims the nonmetallic mining site in accordance with these requirements. The duration of the exemption shall be specific to the length of the department of transportation contract for construction of a specific transportation project.

NR 135.02(3)(j)3. 3. If a nonmetallic mining site covered under subds. 1. and 2. is used to concurrently supply materials for projects unrelated to the department of transportation project, the exemption in this paragraph still applies, provided that the site is fully reclaimed under department of transportation contract and supervision.

NR 135.02(3)(k) (k) Dredging for navigational purposes, to construct or maintain farm drainage ditches and for the remediation of environmental contamination and the disposal of spoils from these activities.

NR 135.02(3)(L) (L) Removal of material from the bed of Lake Michigan or Lake Superior by a public utility pursuant to a permit under s. 30.21, Stats.

NR 135.02(4) (4) Applicability of reclamation standards. Notwithstanding sub. (3) (a) and (b), the reclamation standards in subch. II shall apply to the following:

NR 135.02(4)(a) (a) Nonmetallic mining at a site or a portion of a site that is subject to permit and reclamation requirements of the department under s. 30.19, 30.195 or 30.20, Stats., and complies with ch. NR 340.

NR 135.02(4)(b) (b) Excavations subject to the permit and reclamation requirements of s. 30.30 or 30.31, Stats.

NR 135.02 Note Note: The permit procedures and requirements of this chapter other than reclamation standards in subch. II would not apply to activities described in this subsection, as they are already regulated by other permits or approvals. However, subch. II reclamation standards would apply to them.

NR 135.02 History History: Cr. Register, September, 2000, No. 537, eff. 12-1-00; CR 06-024: am. (1), (2) and (3) (g) Register November 2006 No. 611, eff. 12-1-06; CR 13-057: am. (3) (h) Register July 2015 No. 715, eff. 8-1-15.

NR 135.03 NR 135.03 Definitions. In this chapter and in s. 91.46 (6), Stats., and subch. I of ch. 295, Stats.:

NR 135.03(1) (1) “Alternative requirement” means an alternative to the reclamation standards of this chapter provided through a written authorization granted by the regulatory authority pursuant to s. NR 135.26.

NR 135.03(2) (2) “Applicable reclamation ordinance” means a nonmetallic mining reclamation ordinance that applies to a particular nonmetallic mining site and complies with the requirements of this chapter and subch. I of ch. 295, Stats., unless the department is the regulatory authority as defined in sub. (20) (c). If the department is the regulatory authority, “applicable reclamation ordinance” means the relevant and applicable provisions of this chapter.

NR 135.03(2m) (2m) “Borrow site” means an area outside of a transportation project site from which stone, soil, sand or gravel is excavated for use at the project site, except the term does not include commercial sources.

NR 135.03(3) (3) “Contemporaneous reclamation” means the sequential or progressive reclamation of portions of the nonmetallic mining site affected by mining operations that is performed in advance of final site reclamation, but which may or may not be final reclamation, performed to minimize the area exposed to erosion, at any one time, by nonmetallic mining activities.

NR 135.03(4) (4) “Department” means the department of natural resources.

NR 135.03(6) (6) “Environmental pollution” has the meaning in s. 295.11 (2), Stats.

NR 135.03(8) (8) “Financial assurance” means a commitment of funds or resources by an operator to a regulatory authority that satisfies the requirements in s. NR 135.40 and is sufficient to pay for reclamation activities required by this chapter.

NR 135.03(8m) (8m) “Highwall” means a vertical or nearly vertical face in solid rock or a slope of consolidated or unconsolidated material that is steeper than 3:1.

NR 135.03(9) (9) “Landowner” means the person who has title to land in fee simple or who holds a land contract for the land. A landowner is not a person who owns nonmetallic mineral rights to land, if a different person possesses title to that land in fee simple or holds a land contract for that land.

NR 135.03(9m) (9m) “Licensed professional geologist” means a person who is licensed as a professional geologist pursuant to ch. 470, Stats.

NR 135.03(10) (10) “Municipality” means any city, town or village.

NR 135.03(11) (11) “Nonmetallic mineral” means a product, commodity or material consisting principally of naturally occurring, organic or inorganic, nonmetallic, nonrenewable material. Nonmetallic minerals include, but are not limited to, stone, sand, gravel, asbestos, beryl, diamond, clay, coal, feldspar, peat, talc and topsoil.

NR 135.03(13) (13) “Nonmetallic mining” or “mining” means all of following:

NR 135.03(13)(a) (a) Operations or activities at a nonmetallic mining site for the extraction from the earth of mineral aggregates or nonmetallic minerals for sale or use by the operator. Nonmetallic mining includes use of mining equipment or techniques to remove materials from the in-place nonmetallic mineral deposit, including drilling and blasting, as well as associated activities such as excavation, grading and dredging. Nonmetallic mining does not include removal from the earth of products or commodities that contain only minor or incidental amounts of nonmetallic minerals, such as commercial sod, agricultural crops, ornamental or garden plants, forest products, Christmas trees or plant nursery stock.

NR 135.03(13)(b) (b) Processes carried out at a nonmetallic mining site that are related to the preparation or processing of the mineral aggregates or nonmetallic minerals obtained from the nonmetallic mining site. These processes include, but are not limited to stockpiling of materials, blending mineral aggregates or nonmetallic minerals with other mineral aggregates or nonmetallic minerals, blasting, grading, crushing, screening, scalping and dewatering.