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 NoteNote: 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 HistoryHistory: 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(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(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. NR 135.03(14)(14) “Nonmetallic mining reclamation” or “reclamation” means the rehabilitation of a nonmetallic mining site to achieve a land use specified in an approved nonmetallic mining reclamation plan, including removal or reuse of nonmetallic mining refuse, grading of the nonmetallic mining site, removal, storage and replacement of topsoil, stabilization of soil conditions, reestablishment of vegetative cover, control of surface water and groundwater, prevention of environmental pollution and if practicable the restoration of plant, fish and wildlife habitat. NR 135.03(15)(15) “Nonmetallic mining refuse” means waste soil, rock and mineral, as well as other natural site material resulting from nonmetallic mining. Nonmetallic mining refuse does not include marketable by-products resulting directly from or displaced by the nonmetallic mining. NR 135.03(16)(16) “Nonmetallic mining site” or “site” means all contiguous areas of present or proposed mining, subject to the qualifications in par. (b). NR 135.03(16)(a)2.2. Storage and processing areas that are in or contiguous to areas excavated for nonmetallic mining.