All nonmetallic mining sites subject to this chapter shall be
reclaimed in conformance with the standards set forth below.
A. General standards.
(1) 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 rules of the Wisconsin
Department of Natural Resources adopted pursuant to Chapters 289 and
291, Wis. Stats.
(2) 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.
(3) 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.
(4) Habitat restoration. When the land use required by the reclamation
plan approved pursuant to this chapter 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 nonmetallic mining operations.
(5) 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.
B. Surface water and wetlands protection. 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 Chapters NR
102 to NR 105, Wisconsin Administrative 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 and may not adversely affect neighboring properties.
C. Groundwater protection.
(1) 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.
(2) Groundwater quality. Nonmetallic mining reclamation shall be conducted
in a manner which does not cause groundwater quality standards in
Chapter NR 140, Wisconsin Administrative Code, to be exceeded at a
point of standards application defined in that Chapter.
D. Topsoil management.
(1) Removal. Topsoil and topsoil substitute material shall be provided
as specified in the reclamation plan approved pursuant to this chapter
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.
(2) 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.
(a)
Existing resources that may be used to identify the soil present
on a site include the County Soil Surveys and information obtained
from a soil scientist or the University of Wisconsin Soil Science
Extension Agent or other available resources. Topsoil or topsoil substitute
material shall be removed from areas to be affected by mining operations
to the depth indicated in the reclamation plan or as determined in
the field by a soil scientist, project engineer or other qualified
professional.
(3) 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.
E. Final grading and slopes.
(1) All areas affected by mining shall be addressed in the approved reclamation plan, pursuant to §
245-13, to provide 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 3:1 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.
(2) Final reclaimed slopes covered by topsoil or topsoil substitute material may not be steeper than a 3:1 horizontal to vertical incline, unless found acceptable through one or more of the following: alternative requirements are approved under §
245-18; steeper slopes are shown to be stable through a field plot demonstration approved as part of an approved reclamation plan; 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.
(3) When the approved post-mining land use includes a body of water,
the approved final grade at the edge of a body of water shall extend
vertically six feet below the lowest seasonal water level. A slope
no steeper than 3:1 shall be created at a designated location or locations,
depending on the size of the water body to allow for a safe exit.
F. Topsoil redistribution for reclamation. 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.
G. Revegetation and site stabilization. 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. Revegetation
and site stabilization shall be in accordance with the approved reclamation
plan and shall be performed as soon as practicable after mining activity
has permanently ceased in any part of the mine site.
Note: Field test plot demonstrations are highly recommended to ensure that reclamation success standards are met and financial assurance is released as quickly as possible. When field test plots are employed, they should be approved as part of the reclamation plan under §
245-13.
H. Accessing completion of successful reclamation.
(1) The criteria for assessing when reclamation is complete and, therefore,
when the financial assurance may be released, shall be specified in
the reclamation plan approved pursuant to this chapter. Criteria to
evaluate reclamation success shall be quantifiable.
(2) Compliance with the revegetation success standards in the approved
reclamation plan shall be determined by:
(a)
On-site inspections by Adams County or its agent;
(b)
A report presenting results obtained during reclamation evaluations,
including summarized data on revegetation, photo documentation or
other evidence that the criteria approved in the reclamation plan
to ascertain success have been met; or
(c)
A combination of inspections and reports.
(3) In those cases where the post-mining land use specified in the reclamation
plan requires a return of the mining site to a pre-mining condition,
the operator shall obtain baseline data on the existing plant community
for use in the evaluation of reclamation success pursuant to this
section.
(4) Revegetation success may be determined by:
(a)
Comparison to an appropriate reference area;
(b)
Comparison to baseline data acquired at the mining site prior
to its being affected by mining; or
(c)
Comparison to an approved alternate technical standard.
(5) Revegetation using a variety of plants indigenous to the area is
favored.
I. Intermittent mining. 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 erosion of sediments is occurring, and financial assurance for reclamation pursuant to §
245-14 is maintained covering all remaining portions of the site that have been affected by nonmetallic mining and that have not been reclaimed.
J. Maintenance. 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 chapter, or to meet the goals specified
in the reclamation plan approved pursuant to this chapter.