NR 135.20 HistoryHistory: Cr. Register, September, 2000, No. 537, eff. 12-1-00; CR 06-024: am. (1), (2) (intro.) and (3) (a), r. (4) Register November 2006 No. 611, eff. 12-1-06. NR 135.21NR 135.21 Reclamation permit issuance. NR 135.21(1)(1) Permit issuance. Unless denied pursuant to s. NR 135.22, the regulatory authority shall approve in writing an application submitted pursuant to s. NR 135.18 (1) to issue a nonmetallic mining reclamation permit for a proposed nonmetallic mine. The regulatory authority may issue a reclamation permit subject to conditions in sub. (2) if appropriate. The permit decision shall be made no sooner than 30 nor later than 90 days following receipt of the complete reclamation permit application and reclamation plan that meets the requirements of s. NR 135.19 pursuant to this subchapter, unless a public hearing is held pursuant to s. NR 135.20. If a public hearing is held, the regulatory authority shall issue the reclamation permit, subject to conditions pursuant to sub. (2) if appropriate, or shall deny the permit as provided in s. NR 135.22, no later than 60 days after completing the public hearing. NR 135.21(2)(2) Conditions. The regulatory authority may issue a reclamation permit or approve a reclamation plan subject to general or site-specific conditions if needed to assure compliance with the nonmetallic mining reclamation requirements of this chapter. The approvals may not include conditions that are not related to reclamation. One required condition of the issued permit shall be that the new mine obtain financial assurance pursuant to s. NR 135.40 prior to beginning mining. NR 135.21 NoteNote: It is not appropriate for the regulatory authority to impose conditions on a reclamation permit, or the approval of a reclamation plan that address matters not directly related to nonmetallic mining reclamation. These matters may include but are not limited to: traffic, setbacks, blasting, dewatering, hours of operation, noise or dust control or the question of whether to use the land for mining.
NR 135.21(3)(3) Cooperative issuance by multiple authorities. If more than one regulatory authority has jurisdiction over a single nonmetallic mining site, the regulatory authorities shall cooperatively issue a single reclamation permit for the nonmetallic mining site. Any unresolvable issues may be referred to the department under s. NR 135.52. NR 135.21 HistoryHistory: Cr. Register, September, 2000, No. 537, eff. 12-1-00; CR 06-024: r. (1), renum. (2) to (4) to be (1) to (3) and am. Register November 2006 No. 611, eff. 12-1-06. NR 135.22NR 135.22 Denial of application for reclamation permit. NR 135.22(1)(1) An application to issue a nonmetallic mining reclamation permit shall be denied, within the time frame for permit issuance specified in s. NR 135.21, if the regulatory authority finds any of the following: NR 135.22(1)(a)(a) The applicant has, after being given an opportunity to make corrections, failed to provide an adequate permit application, reclamation plan, financial assurance or any other submittal required by this chapter or the applicable reclamation ordinance to the regulatory authority. NR 135.22(1)(b)(b) The proposed nonmetallic mining site cannot be reclaimed in compliance with the reclamation standards contained in the applicable reclamation ordinance, this chapter or subch. I of ch. 295, Stats. NR 135.22(1)(c)1.1. The applicant, or its agent, principal or predecessor has, during the course of nonmetallic mining in Wisconsin within 10 years of the permit application or modification request being considered shown a pattern of serious violations of this chapter or of federal, state or local environmental laws related to nonmetallic mining reclamation. NR 135.22(1)(c)2.2. The following may be considered in making this determination of a pattern of serious violations: NR 135.22(1)(c)2.a.a. Results of judicial or administrative proceedings involving the operator or its agent, principal or predecessor. NR 135.22(1)(c)2.b.b. Suspensions or revocations of nonmetallic mining reclamation permits pursuant to this chapter. NR 135.22(1)(d)(d) A denial under this subsection shall be in writing and shall contain documentation of reasons for denial. NR 135.22(2)(2) A regulatory authority’s decision to deny an application to issue a reclamation permit may be reviewed under s. NR 135.30. NR 135.22 HistoryHistory: Cr. Register, September, 2000, No. 537, eff. 12-1-00. NR 135.23NR 135.23 Automatic permitting and expedited permit review. NR 135.23(1)(1) Automatic permitting of borrow sites for local transportation projects. NR 135.23(1)(a)(a) The regulatory authority shall automatically issue an expedited permit under this subsection if the borrow site: NR 135.23(1)(a)1.1. Will be opened and reclaimed under contract with a municipality within a period not exceeding 36 months; NR 135.23(1)(a)2.2. Is a nonmetallic mine which is intended to provide stone, soil, sand or gravel for the construction, reconstruction, maintenance or repair of a highway, railroad, airport facility or other transportation facility under contract with a municipality; NR 135.23(1)(a)3.3. Is regulated and will be reclaimed under contract with a municipality in accordance with the requirements of the department of transportation concerning the restoration of nonmetallic mining sites; NR 135.23(1)(a)5.5. Will be constructed, operated and reclaimed in accordance with applicable zoning requirements, if any, and;