Section NR 132.121 - Temporary cessation of mining(1) If there is a cessation of mining or reclamation expected to last 30 days or more that is not set forth in either the mining plan or the reclamation plan, the operator shall notify the department of the cessation within 48 hours of the cessation of mining and shall begin stabilization of the mining site. If the cessation of mining extends for more than 6 consecutive months, the operator shall begin final reclamation of the mining site in accordance with the approved reclamation plan unless all of the following apply: (a) The cessation of mining is due either to labor strikes or to such unforeseen developments as adverse market conditions, as determined by the department.(b) The cessation of mining does not continue beyond the time specified by the department. The time limit specified by the department may not exceed 5 years.(c) The operator maintains the site in an environmentally stable manner, as determined by the department, during the cessation of mining.(d) The operator continues the reclamation of the site according to appropriate provisions of the reclamation plan during the cessation of mining.(e) The operator continues environmental monitoring in accordance with the monitoring plan during the cessation of mining, as determined by the department.(2) The operator shall identify in the notice provided under sub. (1) the reasons for the temporary shutdown, the anticipated duration of the shutdown, the measures that will be taken to ensure environmental stability of the mining site during the shutdown, procedures required to resume operation of project facilities following the shutdown, and which specific environmental monitoring activities, if any, will be discontinued during the shutdown.(3) Temporary cessation of mining described in a notice submitted under sub. (1) shall constitute a substantial modification of the mining plan under s. 293.55, Stats., and the department shall process the modification in accordance with the applicable procedures under s. NR 132.120 and s. 293.55, Stats.(4) The department's decision on the request for temporary cessation of mining status shall specify the approved duration of the cessation of mining, required stabilization and reclamation measures to be implemented during the cessation, required environmental monitoring activities, and any other conditions necessary to ensure environmental protection during the temporary shutdown and anticipated resumption of mining activities.Wis. Admin. Code Department of Natural Resources NR 132.121
Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) (intro.), (b) made under s. 35.17, Stats., Register December 2021 No. 792, eff. 1/1/2022