Wisconsin Administrative Code

NR 135.09 Topsoil management. (1) REMOVAL. Topsoil and topsoil substitute material shall be provided as specified in the reclamation plan in order to achieve reclamation to the approved post-mining land use. Removal of on-site topsoil and topsoil substitute material removal, when…

NR 135.10 Final grading and slopes. (1) All areas affected by mining shall be addressed in the approved reclamation the chapter was last published. 5 DEPARTMENT OF NATURAL RESOURCES plan, pursuant to s. NR 135.19, to provide that a stable and safe condition consistent with the po…

NR 135.11 Topsoil redistribution for reclamation. Topsoil or topsoil substitute material shall be redistributed in accordance with the approved reclamation plan in a manner which minimizes compaction and prevents erosion. Topsoil or topsoil substitute material shall be uniformly …

NR 135.12 Revegetation and site stabilization. Except for permanent roads or similar surfaces identified in the reclamation plan, all surfaces affected by nonmetallic mining shall be reclaimed and stabilized by revegetation or other means. Revegetation and site stabilization shal…

NR 135.13 Assessing completion of successful reclamation. (1) The criteria for assessing when reclamation is complete and, therefore, when the financial assurance may be released shall be specified in the reclamation plan. Criteria to evaluate reclamation success shall be quantif…

NR 135.14 Intermittent mining. Intermittent mining may be conducted provided that the possibility of intermittent cessation of operations is addressed in an operator[s reclamation permit, no environmental pollution or erosion of sediments is occurring, and financial assurance for…

NR 135.15 Maintenance. During the period of the site reclamation, after the operator has stated that reclamation is complete but prior to release of financial assurance, the operator shall perform any maintenance necessary to prevent erosion, sedimentation or environmental pollut…

NR 135.16 Reclamation permit required. No person may engage in nonmetallic mining or in nonmetallic mining reclamation without obtaining a nonmetallic mining reclamation permit issued pursuant to the applicable reclamation ordinance and this chapter, unless the activity is specif…

NR 135.17 Regulatory authority to issue reclamation permits. (1) COUNTIES REQUIRED TO ISSUE PERMITS. (a) Subject to subs. (2) and (3), nonmetallic mining reclamation permits can be issued or otherwise acted on pursuant to this subchapter only by a county that has adopted and admi…

NR 135.18 Reclamation permit application. (1) APPLICATION REQUIRED. (a) The operator of any nonmetallic mine shall apply for and obtain a reclamation permit before beginning mining operations. (b) The operator shall submit all of the following when making an application in accord…

NR 135.19 Reclamation plan. (1) PLAN REQUIRED. An operator who conducts or plans to conduct nonmetallic mining shall submit to the regulatory authority a reclamation plan that meets the requirements of this section and complies with the standards of subch. II. (2) SITE INFORMATIO…

NR 135.20 Public notice and right of hearing. (1) PUBLIC NOTICE. (a) A regulatory authority that has received an application to issue a reclamation permit shall publish a public notice of the application no later than 30 days after receipt of a complete application or request. (b…

NR 135.21 Reclamation permit issuance. (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 …

NR 135.22 Denial of application for reclamation permit. (1) An application to issue a nonmetallic mining reclamation permit shall be denied, within the time frame for permit 8 issuance specified in s. NR 135.21, if the regulatory authority finds any of the following: (a) The appl…

NR 135.23 Automatic permitting and expedited permit review. (1) AUTOMATIC PERMITTING OF BORROW SITES FOR LOCAL TRANSPORTATION PROJECTS. (a) The regulatory authority shall automatically issue an expedited permit under this subsection if the borrow site: 1. Will be opened and recla…

NR 135.24 Permit modification. (1) BY THE REGULATORY AUTHORITY. If a regulatory authority finds that, because of changing conditions, the nonmetallic mining site no longer is in compliance with this chapter or the applicable reclamation ordinance, it shall issue an order modifyin…

NR 135.25 Permit suspension and revocation. (1) GROUNDS. A regulatory authority may suspend or revoke a nonmetallic mining permit issued pursuant to this chapter if it finds that the operator has done any of the following: (a) Failed to submit a satisfactory reclamation plan with…

NR 135.26 Approval of alternate requirements. (1) CRITERIA. A regulatory authority may approve an alternate requirement to the reclamation standards established in this chapter if the operator demonstrates and the regulatory authority finds that all of the following criteria are …

NR 135.27 Permit duration. A nonmetallic mining reclamation permit issued pursuant to this chapter shall last through the mine[s operation and reclamation as described in the approved reclamation plan. If changes occur in the area to be mined, the nature of planned reclamation, o…

NR 135.28 Permit transfer. (1) A nonmetallic mining permit may be transferred to a new operator upon submittal to the regulatory authority of proof of financial assurance and a certification in writing by the new permit holder that all conditions of the permit will be complied wi…

NR 135.29 Change of regulatory authority. If there is a change of regulatory authority for a nonmetallic mining site, the site[s nonmetallic mining permit shall remain in effect and be enforceable until the permit is modified by the new regulatory authority. History: Cr. Register…

NR 135.32 Regulatory authorities for administration of a nonmetallic mining reclamation program. (1) COUNTIES REQUIRED TO ADMINISTER NONMETALLIC MINING RECLAMATION PROGRAMS. Each county shall enact and administer a nonmetallic reclamation ordinance that complies with this chapter…

NR 135.35 Model nonmetallic mining reclamation ordinances. The department shall prepare and publish one or the chapter was last published. 11 DEPARTMENT OF NATURAL RESOURCES more model reclamation ordinances for counties and municipalities to use in complying with the requirement…

NR 135.36 Operator reporting requirements. (1) An operator shall submit an annual report for every nonmetallic mining site with a reclamation permit to the regulatory authority. The annual report shall include all of the following: (a) The name and mailing address of the operator…

NR 135.37 Regulatory authority[s annual report to the department. Unless the department is the regulatory authority, the regulatory authority shall submit an annual program report to the department by March 31 for the previous calendar year. The regulatory authority[s annual repo…

NR 135.38 Operator reporting of completed reclamation. An operator shall file a notice of completed reclamation with the regulatory authority when the operator deems reclamation activities to be completed for a portion of the nonmetallic mine site or for the entire site. The noti…

NR 135.39 Fees. (1) AREAS SUBJECT TO FEES. (a) Fees shall be assessed pursuant to this section for all unreclaimed acres of a nonmetallic mine site, as defined in s. NR 135.03 (25), except the following: 1. Areas that are defined in s. NR 135.03 (16) (b) as not subject to this ch…

NR 135.40 Financial assurance. (1) NOTIFICATION. The regulatory authority shall provide written notification to the operator of the amount of financial assurance required under sub. (3). (2) FILING. Following approval of the nonmetallic reclamation permit, and as a condition of t…

NR 135.41 Interim reclamation waiver. If the regulatory authority determines that areas within a mining site have been successfully reclaimed on an interim basis in accordance with the reclamation plan, the regulatory authority: (1) Shall waive annual acreage fees for those areas…

NR 135.42 Regulatory authority right of inspection. (1) No person may refuse entry or access onto a nonmetallic mining site of a duly authorized officer, employee or agent of the regulatory authority or the department who presents appropriate credentials to inspect the site for c…

NR 135.44 Department review of pre-existing ordinances. (1) Any county or municipality that intends to enforce a nonmetallic mining reclamation ordinance that was in effect before June 1, 1993 shall submit a copy of the ordinance to the department. (2) If the department finds tha…

NR 135.45 Department review of new ordinances. (1) A county or municipality which proposes to adopt a nonmetallic mining reclamation ordinance in accordance with this chapter shall submit the proposed ordinance to the department for review and a determination of compliance at lea…

NR 135.46 Amendment of ordinances. A county or municipality may not amend its nonmetallic mining reclamation ordinance in a manner which makes it more or less restrictive than this chapter. The county or municipality shall submit a copy of an amended ordinance to the department. …

NR 135.47 Department audits. (1) The department shall periodically review the nonmetallic mining program of each regulatory authority to determine if the program is being conducted in compliance with this chapter, and is effective and consistent in ensuring operator compliance wi…

NR 135.48 Noncompliance hearing. If, as a result of adoption of an ordinance or an audit pursuant to s. NR 135.47, the department determines that a regulatory authority is not in compliance with this chapter and has not corrected deficiencies after written notice, the department …

NR 135.49 Municipal noncompliance, consequences. (1) If, as a result of a noncompliance hearing held pursuant to s. NR 135.48, the department issues a written decision finding a municipality is out of compliance with this chapter, the municipality[s authority to administer its no…

NR 135.50 County noncompliance, consequences. (1) If as a result of a noncompliance hearing held pursuant to s. NR 135.48, the department issues a written decision finding a county is out of compliance with this chapter, the department shall, as soon as practicable after the hear…

NR 135.51 Nonmetallic mining advisory committee. (1) The department shall appoint a nonmetallic mining advisory committee to advise it on the administration of this chapter and ch. 295, subch. I, Stats. the chapter was last published. NR 135.51 WISCONSIN ADMINISTRATIVE CODE (2) T…

NR 135.52 Department assistance. (1) In order to assist regulatory authorities in the development, implementation and administration of nonmetallic mining reclamation programs, the department may provide training workshops, written materials and technical assistance addressing ho…

NR 135.53 Definitions. In this subchapter: (1) XContiguous parcelsY 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 exist…

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 dem…

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

NR 135.56 Registration requirements. (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 depos…

NR 135.57 Registration of contiguous parcels. Contiguous parcels of land meeting all of the following criteria may be included in one registration under this subchapter. (1) The parcels are owned by the same person. (2) The parcels contain a marketable nonmetallic mineral deposit…

NR 135.58 Objection to registration by a zoning authority. (1) A zoning authority of land that a landowner intends to register as a marketable nonmetallic mineral deposit may object to the proposed registration only if it gives notice of its intent to object and the reasons for i…

NR 135.59 Duration and renewal of registration. (1) Registration of land containing a marketable nonmetallic mineral deposit expires 10 years after the date registration is recorded unless renewed according to this section. (2) A landowner may not renew registration of land conta…

NR 135.60 Previously registered deposits. (1) Land that has been registered as an economically viable nonmetallic mineral deposit under s. 144.9407 (9), 1993 Stats., or s. 295.20, Stats., prior to December 1, 2000 shall become a registered marketable nonmetallic mineral deposit t…