All nonmetallic mining sites subject to this chapter shall be
reclaimed in conformance with the standards contained below.
A.
Refuse and other solid wastes. Nonmetallic mining refuse shall be
reused in accordance with a reclamation plan. Other solid wastes shall
be disposed of in accordance with applicable local ordinances and
administrative rules of the Wisconsin Department of Natural Resources
adopted pursuant to Chs. 289 and 291, Wis. Stats.
B.
Area disturbed and contemporaneous reclamation. Nonmetallic mining
reclamation shall be conducted, to the extent practicable, to minimize
the area disturbed by nonmetallic mining and to provide for nonmetallic
mining reclamation of portions of the nonmetallic mining site while
nonmetallic mining continues on other portions of the nonmetallic
mining site.
C.
Public health, safety and welfare. All nonmetallic mining sites shall
be reclaimed in a manner so as to comply with federal, state and local
regulations governing public health, safety and welfare.
D.
Habitat restoration. When the post-mining land use requires plant,
fish or wildlife habitat, it shall be restored, to the extent practicable,
to a condition at least as suitable as that which existed before the
lands were affected by mining operations.
E.
Compliance with environmental regulations. Reclamation of nonmetallic
mining sites shall comply with any other applicable federal, state
and local laws, including those related to environmental protection,
zoning and land use control.
Nonmetallic mining reclamation shall be conducted and completed
in a manner that assures compliance with the Wisconsin Department
of Natural Resources water quality standards for surface waters and
wetlands contained in Chs. NR 102 to NR 105, Wis. Adm. Code. Before
disturbing the surface of a nonmetallic mining site and removing topsoil,
all necessary measures for diversion and drainage of runoff from the
site to prevent pollution of waters of the state shall be installed
in accordance with the reclamation plans approved pursuant to this
chapter and provisions of Chapter 17 of the Washington County Code.
Diverted or channelized runoff resulting from reclamation may not
adversely affect neighboring properties.
A.
Groundwater quantity. A nonmetallic mining site shall be reclaimed
in a manner that does not cause a permanent lowering of the water
table that results in adverse effects on surface waters or a significant
reduction in the quantity of groundwater reasonably available for
future users of groundwater.
B.
Groundwater quality. Nonmetallic mining reclamation shall be conducted
in a manner which does not cause groundwater quality standards in
Ch. NR 140, Wis. Adm. Code, to be exceeded at a point of standards
application defined in that chapter.
A.
Removal. Topsoil and topsoil substitute material shall be provided
as specified in the approved reclamation plan in order to achieve
reclamation to the approved post-mining land use. Removal of on-site
topsoil and topsoil substitute material removal, when specified in
the reclamation plan, shall be performed prior to any mining activity
associated with any specific phase of the mining operation.
B.
Volume. The operator shall obtain the volume of soil required to
perform final reclamation by removal of on-site topsoil or topsoil
substitute material or by obtaining topsoil or substitute material
as needed to make up the volume of topsoil as specified in the reclamation
plan approved pursuant to this chapter.
C.
Storage. Once removed, topsoil or topsoil substitute material shall,
as required by the reclamation plan approved pursuant to this chapter,
either be used in contemporaneous reclamation or stored in an environmentally
acceptable manner. The location of stockpiled topsoil or topsoil substitute
material shall be chosen to protect the material from erosion or further
disturbance or contamination. Runoff water shall be diverted around
all locations in which topsoil or topsoil substitute material is stockpiled.
A.
All areas affected by mining shall be addressed in the approved reclamation plan, pursuant to § 357-22, to provide that a stable and safe condition consistent with the post-mining land use is achieved. The reclamation plan may designate highwalls or other unmined and undisturbed natural solid bedrock as stable and safe and not in need of reclamation or designate other areas affected by mining, including slopes comprised of unconsolidated materials that exceed a three-to-one slope, whether or not graded, as stable and safe. For slopes designated as stable under this subsection, the regulatory authority may require that either a site-specific engineering analysis be performed by a registered professional engineer to demonstrate that an acceptable slope stability factor is attainable at a steeper slope or the operator perform a field test plot demonstration to demonstrate that a stable and safe condition will be achieved and that the post-mining land use specified in the reclamation plan will not be adversely affected.
B.
Final reclaimed slopes covered by topsoil or topsoil substitute material may not be steeper than a three-to-one horizontal to vertical incline, unless found acceptable through one or more of the following: alternative requirements are approved under § 357-21; steeper slopes are shown to be stable through a field plot demonstration approved as part of an approved reclamation; or stable slopes can be demonstrated based on site-specific engineering analysis performed by a registered professional engineer. All areas in the nonmetallic mine site where topsoil or topsoil substitute material is to be reapplied shall be graded or otherwise prepared prior to topsoil or topsoil substitute material redistribution to provide the optimum adherence between the topsoil or topsoil substitute material and the underlying material.
C.
If the end land use of the mining area includes a permanent water
body, it must be constructed to conform with other applicable county
standards for artificially constructed water bodies.
Topsoil or topsoil substitute material shall be redistributed
in accordance with the reclamation plan approved pursuant to this
chapter in a manner which minimizes compaction and prevents erosion.
Topsoil or topsoil substitute material shall be uniformly redistributed,
except where uniform redistribution is undesirable or impractical.
Topsoil or topsoil substitute material redistribution may not be performed
during or immediately after a precipitation event until the soils
have sufficiently dried.
A.
Except for permanent roads or similar surfaces identified in the
reclamation plan approved pursuant to this chapter, all surfaces affected
by nonmetallic mining shall be reclaimed and stabilized by revegetation
or other means in accordance with the approved reclamation plan and
post-mining land use as soon as practicable after mining activity
has permanently ceased in any part of the mine site.[1]
B.
In those cases where the post-mining land use specified in the reclamation
plan requires a return of the mining site to a premining condition,
the operator shall obtain baseline data on the existing plant community
for use in the evaluation of reclamation success pursuant to this
section.
C.
Revegetation using a variety of plants indigenous to the area is
favored.
Intermittent mining may be conducted, provided that the possibility of intermittent cessation of operations is addressed in an operator's reclamation permit, no environmental pollution or off-site sedimentation is occurring, and financial assurance for reclamation pursuant to Article IV is maintained covering all remaining portions of the site that have been affected by nonmetallic mining and that have not been reclaimed.
During the period of the site reclamation, after the operator
has stated that reclamation is complete but prior to release of financial
assurance, the operator shall perform any maintenance necessary to
prevent erosion, sedimentation or environmental pollution, comply
with the standards of this article, or to meet the goals specified
in the reclamation plan approved pursuant to this chapter.
Alternatives to the standards under §§ 357-12 through 357-18 may be requested and considered as set forth below:
A.
Scope of approvable alternative requirements. An operator of a nonmetallic
mining site may request an alternative requirement to the reclamation
standard established in this article. The Town and county may approve
an alternative requirement to the reclamation standards established
in this chapter if the operator demonstrates and the county and Town
find that all of the following criteria are met:
(1)
The nonmetallic mining site, the surrounding property or the mining
plan or reclamation plan has a unique characteristic which requires
an alternative requirement.
(2)
Unnecessary hardship unique to the nonmetallic mining site or plan
will result unless the alternative requirement is approved.
(3)
Reclamation in accordance with the proposed alternative requirement
will achieve the planned post-mining land use and long-term site stability
in a manner that will not cause environmental pollution or threaten
public health, safety or welfare.
B.
Request procedures. A request for alternative requirements shall be in writing and submitted in conjunction with an application for a new or modified reclamation permit. The request shall describe how criteria under Subsection A apply to the site.
C.
Decisions. The Town and county shall, within 30 days of receipt of the request, transmit in writing their decision to approve, conditionally approve or deny the request, basing their determination of compliance on the criteria under Subsection A. The written response shall include reasons why the request was or was not approved.
D.
Notice to Wisconsin Department of Natural Resources. A copy of any
written decision by the Town and county on alternative requirements
shall be submitted to the Wisconsin Department of Natural Resources
within 10 days of issuance.
