(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.
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.
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.
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.
