Section 135.02. Applicability.

  This chapter applies to nonmetallic mining sites as follows:

(1)   Applicability. This chapter applies to all nonmetallic mining sites, except as exempted in sub. (3) . This chapter does not apply to nonmetallic mining sites where nonmetallic mining permanently ceased before August 1, 2001.

(2)   Public nonmetallic mining. Except as exempted in sub. (3) , this chapter applies to nonmetallic mining conducted by or on behalf of the state of Wisconsin, by or on behalf of a county, municipality, or for the benefit or use of the state or any state agency, board, commission or department, except that the financial assurance requirements of s. NR 135.40 do not apply to nonmetallic mining conducted by the state, a state agency, board, commission or department, county or a municipality.

(3)   Exempt activities. Except as provided in sub. (4) , this chapter does not apply to any of the following activities:

(a) Nonmetallic mining at a site or that portion of a site that is subject to permit and reclamation requirements of the department under s. 30.19 , 30.195 or 30.20 , Stats., and complies with ch. NR 340 .

(b) Excavations subject to the permit and reclamation requirements of s. 30.30 or 30.31 , Stats.

(c) Excavations or grading by a person solely for domestic or farm use at that person's residence or farm.

(d) Excavations or grading conducted for the construction, reconstruction, maintenance or repair of a highway, railroad, airport facility, or any other transportation facility where the excavation or grading is entirely within the property boundaries of the transportation facility.

(e) Grading conducted for preparing a construction site or restoring land following a flood or natural disaster.

(f) Excavations for building construction purposes conducted on the building site.

(g) Nonmetallic mining at nonmetallic mining sites where less than one acre of total affected acreage occurs over the life of the mine.

(h) Any mining operation, the reclamation of which is required in a permit obtained under ch. 293 , Stats. , or under subch. III of ch. 295 , Stats.

(i) Any activities required to prepare, operate or close a solid waste disposal facility under ch. 289 , Stats. , or a hazardous waste disposal facility under ch. 291 , Stats. , that are conducted on the property where the facility is located, but an applicable nonmetallic mining reclamation ordinance and the standards established in this chapter apply to activities related to solid waste or hazardous waste disposal that are conducted at a nonmetallic mining site that is not on the property where the solid waste or hazardous waste disposal facility is located, such as activities to obtain nonmetallic minerals to be used for lining, capping, covering or constructing berms, dikes or roads.

(j)

1. Nonmetallic mining conducted to obtain stone, soil, sand or gravel for construction, reconstruction, maintenance or repair of a highway, railroad, airport, or any other transportation facility or part thereof, if the nonmetallic mining is subject to the requirements of the department of transportation concerning the restoration of the nonmetallic mining site.

2. The exemption provided in this paragraph only applies to a nonmetallic mining operation with limited purpose and duration where the department of transportation actively imposes reclamation requirements and the operator reclaims the nonmetallic mining site in accordance with these requirements. The duration of the exemption shall be specific to the length of the department of transportation contract for construction of a specific transportation project.

3. If a nonmetallic mining site covered under subds. 1. and 2. is used to concurrently supply materials for projects unrelated to the department of transportation project, the exemption in this paragraph still applies, provided that the site is fully reclaimed under department of transportation contract and supervision.

(k) Dredging for navigational purposes, to construct or maintain farm drainage ditches and for the remediation of environmental contamination and the disposal of spoils from these activities.

(L) Removal of material from the bed of Lake Michigan or Lake Superior by a public utility pursuant to a permit under s. 30.21 , Stats.

(4)   Applicability of reclamation standards. Notwithstanding sub. (3) (a) and (b) , the reclamation standards in subch. II shall apply to the following:

(a) Nonmetallic mining at a site or a portion of a site that is subject to permit and reclamation requirements of the department under s. 30.19 , 30.195 or 30.20 , Stats., and complies with ch. NR 340 .

(b) Excavations subject to the permit and reclamation requirements of s. 30.30 or 30.31 , Stats.

History: Cr. Register, September, 2000, No. 537 , eff. 12-1-00; CR 06-024 : am. (1), (2) and (3) (g) Register November 2006 No. 611 , eff. 12-1-06; CR 13-057 : am. (3) (h) Register July 2015 No. 715 , eff. 8-1-15.

Note

The requirements of the department of transportation concerning the restoration of nonmetallic mining sites, other than commercial sources, are found in sections 104.9 and 208 of the standard specifications. Microsoft Windows NT 6.1.7601 Service Pack 1 The permit procedures and requirements of this chapter other than reclamation standards in subch. II would not apply to activities described in this subsection, as they are already regulated by other permits or approvals. However, subch. II reclamation standards would apply to them. Microsoft Windows NT 6.1.7601 Service Pack 1