Section 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 INFORMATION. The reclamation plan shall include information sufficient to describe the existing natural and physical conditions of the site, including, but not limited to: (a) Maps of the nonmetallic mining site including the general location, property boundaries, the areal extent, geologic composition and depth of the nonmetallic mineral deposit, the distribution, thickness and type of topsoil, the location of surface waters and the existing drainage patterns, the approximate elevation of ground water as determined by existing hydrogeologic information. In specific instances where the existing hydrogeologic information is insufficient for purposes of the reclamation plan, the applicant may supplement the information with the opinion of a licensed professional geologist or hydrologist. (am) Topsoil or topsoil substitute material, if required to support revegetation needed for reclaiming the site to approved post-mining land use, can be identified using county soil surveys or other available information including that obtained from a soil scientist or the University of Wisconsin soil science extension agent or other available information resources.(b) Information available to the mine operator on biological resources, plant communities, and wildlife use at and adjacent to the proposed or operating mine site.(c) Existing topography as shown on contour maps of the site at intervals specified by the regulatory authority.(d) Location of manmade features on or near the site.(e) For proposed nonmetallic mine sites that include previously mined areas, a plan view drawing showing the location and extent of land previously affected by nonmetallic mining, including the location of stockpiles, wash ponds and sediment basins. Note: Some of or all of the information required above may be shown on the same submittal, i.e., the site map required by par. (a) may also show topography required by par. (c).
(3) POST-MINING LAND USE. (a) The reclamation plan shall specify a proposed post-mining land use for the nonmetallic mine site. The proposed post-mining land use shall be consistent with local land use plans and local zoning at the time the plan is submitted, unless a change to the land use plan or zoning is proposed. The proposed post-mining land use shall also be consistent with any applicable state, local or federal laws in effect at the time the plan is submitted. Note: A proposed post-mining land use is necessary to determine the type and degree of reclamation needed to correspond with that land use. The post mining land use will be key in determining the reclamation plan. Final slopes, drainage patterns, site hydrology, seed mixes and the degree of removal of mining-related structures, drainage structures, and sediment control structures will be dictated by the approved post-mining land use.
(b) Land used for nonmetallic mineral extraction in areas zoned under a farmland preservation zoning ordinance pursuant to subch. III of ch. 91, Stats., shall be restored to agricultural use. Note: Section 91.46(6), Stats., contains this requirement. Section 91.01(2), Stats., defines the term "agricultural use."
(4) RECLAMATION MEASURES. The reclamation plan shall include a description of the proposed reclamation, including methods and procedures to be used and a proposed schedule and sequence for the completion of reclamation activities for various stages of reclamation of the nonmetallic mining site. The following shall be included: (a) A description of the proposed earthwork and reclamation, including final slope angles, high wall reduction, benching, terracing and other structural slope stabilization measures and if necessary a site-specific engineering analysis performed by a registered professional engineer as provided by s. NR 135.10(1) and (2).(b) The methods of topsoil or topsoil substitute material removal, storage, stabilization and conservation that will be used during reclamation.(c) A plan or map which shows anticipated topography of the reclaimed site and any water impoundments or artificial lakes needed to support the anticipated future land use of the site.(d) A plan or map which shows surface structures, roads and related facilities after the cessation of mining.(e) The estimated cost of reclamation for each stage of the project or the entire site if reclamation staging is not planned.(f) A revegetation plan which shall include timing and methods of seed bed preparation, rates and kinds of soil amendments, seed application timing, methods and rates, mulching, netting and any other techniques needed to accomplish soil and slope stabilization.(g) Quantifiable standards for revegetation adequate to show that a sustainable stand of vegetation has been established which will support the approved post-mining land use. Standards for revegetation may be based on the percent vegetative cover, productivity, plant density, diversity or other applicable measures.(h) A plan and, if necessary, a narrative showing erosion control measures to be employed during reclamation activities. These shall address how reclamation activities will be conducted to minimize erosion and pollution of surface and groundwater.(i) A description of any areas which will be reclaimed on an interim basis sufficient to qualify for the waiver pursuant to s. NR 135.41 and which will be subsequently disturbed prior to final reclamation. Descriptions shall include an identification of the proposed areas involved, methods of reclamation to comply with the standards in subch. II and timing of interim and final reclamation.(j) A description of how the reclamation plan addresses the long-term safety of the reclaimed mining site. The description shall include a discussion of site-specific safety measures to be implemented at the site and include measures that address public safety with regard to adjacent land uses. Note: Safety measures include visual warnings, physical barriers, slope modifications such as reclamation blasting, scaling of the rock face, creation of benches. Other measures may be employed if found to be equivalent by a registered professional engineer.
Note: Some of the information required by this subsection may be combined; i.e., a single map may show anticipated post-mining topography required by par. (c) as well as structures and roads as required by par. (d).
(5) CRITERIA FOR SUCCESSFUL RECLAMATION. The reclamation plan shall contain criteria for assuring successful reclamation in accordance with s. NR 135.13.(6) CERTIFICATION OF RECLAMATION PLAN. The operator shall provide a signed certification that reclamation will be carried out in accordance with the reclamation plan. If the operator does not own the land, the landowner or lessor, if different from the operator or owner, shall also provide signed certification that they concur with the reclamation plan and will allow its implementation.(7) APPROVAL. The regulatory authority shall approve, approve conditionally or deny the reclamation plan in writing in accordance with s. NR 135.21(1) Conditional approvals shall be issued according to s. NR 135.21(2), and denials of permit applications shall be made according to s. NR 135.22.Wis. Admin. Code Department of Natural Resources NR 135.19
Cr. Register, September, 2000, No. 537, eff. 12-1-00; CR 06-024: am. (1), (2) (a), (e), (4) (a) and (7), cr. (4) (j), renum. (6) (a) to be (6) and am., r. (6) (b) Register November 2006 No. 611, eff. 12-1-06; correction in (3) (b) made under s. 13.92(4) (b) 7, Stats., Register August 2011 No. 668.