NR 340.04(1)(i)(i) Existing topography. Contour maps of the site shall have contour intervals of no more than 2 feet where ground elevations will be changed and no more than 5 feet where ground elevations will not be changed, except that a wider contour interval may be approved in areas of steep topography.
NR 340.04(2)(2)A legal description of all land within the site which the applicant owns, leases or has an option to purchase or lease;
NR 340.04(3)(3)An operation and reclamation plan in accordance with s. NR 340.05;
NR 340.04(4)(4)Evidence that the operator has applied for or obtained all necessary local, state and federal permits and licenses for the operations;
NR 340.04(5)(5)A statement explaining what the excavated material is to be used for;
NR 340.04(6)(6)A brief description of the investigation conducted to identify upland alternative sites having similar material to be used, and efforts made to obtain the material, including but not limited to offers to purchase or obtain options on the material or sites; and
NR 340.04(7)(7)Other information pertinent to the operation as the department may require to make a decision under the applicable statute.
NR 340.04 HistoryHistory: Cr. Register, August, 1991, No. 428, eff. 9-1-91.
NR 340.05NR 340.05Operation and reclamation plans. Each permit application shall include, in addition to information required in s. NR 340.04, an operation schedule and a detailed plan describing:
NR 340.05(1)(1)The location, extent, depth and manner of operations anticipated for each stage of a staged operation including proposed means of loading and transporting material and the estimated volume and quantity of material to be extracted, accompanied by an adequate documentation of the basis for the estimates.
NR 340.05(2)(2)The final configuration of the site including depth, location and extent of stockpiled materials, and disposal of refuse. The various types of materials involved shall be characterized.
NR 340.05(3)(3)The progressive and final reclamation plans detailing the manner, time and location of:
NR 340.05(3)(a)(a) The removal, stockpiling and protection of all materials in conformance with the appropriate floodplain zoning ordinance and ch. NR 116;
NR 340.05 NoteNote: Net changes in ground contours in the floodway of a stream, including temporary stockpiling, that may cause an increase in the 100-year flood elevation require an hydraulic analysis and may require other action such as amending a flood profile or securing flooding easements to comply with ch. NR 116 or a local floodplain zoning ordinance.
NR 340.05(3)(b)(b) Measures to screen the operation from view considering the general shoreland zoning requirements of s. NR 115.05 (1) (c) and the possible need for a buffer zone of sufficient width to prevent environmental pollution;
NR 340.05(3)(c)(c) Grading and stabilization of the site;
NR 340.05(3)(d)(d) Measures for diversion and drainage of ground and surface water from the site where necessary to prevent pollution of ground or surface water;
NR 340.05(3)(e)(e) Erosion and drainage control, and revegetation such as outlined in the department publication entitled Wisconsin construction site best management practice handbook for the slope and soil type or the Wisconsin department of transportation standard specifications for road and bridge construction minimum seeding requirements for rights-of-way, with diverse, self-regenerative species utilized where consistent with final reclamation.
NR 340.05 NoteNote: Since the methods cited above in par. (e) may not be appropriate for all conditions encountered, the operator may submit alternate techniques designed to achieve stabilization of the site.
NR 340.05(3m)(3m)In addition to all other requirements of this chapter, reclamation plans required by this section shall include a designation of post-mining land use and comply with the reclamation standards established in ch. NR 135.
NR 340.05(4)(4)Estimated cost of progressive and final reclamation of the site.
NR 340.05(5)(5)An acknowledgement of continuing responsibility for restoration and revegetation of the site until stabilization has been determined adequate by the department.
NR 340.05(6)(6)Other information pertinent to the operation as the department may require to make a decision under the applicable statute.
NR 340.05 HistoryHistory: Cr. Register, August, 1991, No. 428, eff. 9-1-91; cr. (3m), Register, September, 2000, No. 537, eff. 12-1-00; correction in (3) (b) made under s. 13.92 (4) (b) 7., Stats.
NR 340.055NR 340.055Financial assurance. A bond or alternative financial assurance is required for each site and multiple sites of less than one acre by the same operator, except that government units are not required to obtain bonds or alternative financial assurance.
NR 340.055(1)(1)Notification. The department shall determine the required financial assurance level for progressive reclamation in staged operations or for reclamation in unstaged operations and shall notify the operator. Following approval of the permit, and as a condition of the permit, the operator shall file a bond as provided in sub. (2) or alternative financial assurance as provided in sub. (3) with the department. The bond or alternative financial assurance amount shall be sufficient to cover the cost to the state of hiring a contractor to complete reclamation or progressive reclamation in staged operations. The operator shall file the required bond or alternative financial assurance with the department prior to commencing the operation. Upon notification by the department of bond or alternative financial assurance approval, the operator may commence operations and reclamation activities.
NR 340.055(2)(2)Bond requirements.
NR 340.055(2)(a)(a) Bonds shall be issued by a surety company licensed to do business in this state. At the option of the operator, a performance bond or a forfeiture bond may be filed. Surety companies may complete the reclamation plan in lieu of cash payment to the department.
NR 340.055(2)(b)(b) Each bond shall provide that the bond may not be cancelled by the surety, except after not less than 90 days notice to the department in writing by registered or certified mail. Not less than 30 days prior to the expiration of the 90 day notice of cancellation, the operator shall deliver to the department a replacement bond in absence of which the existing bond shall remain in effect.