(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.
