Vernon County
Land & Water Conservation Department

 

Nonmetallic Mining Reclamation Program

Chapter 295, Wisconsin Statutes, enabled the Department of Natural Resources to establish rules set forth in Chapter NR 135, Wis. Adm. Code, to implement a nonmetallic mining reclamation program. The goal of NR 135 is to establish uniform reclamation standards through locally administered reclamation permit programs.

To operate a nonmetallic mining site in Wisconsin, an application for a Nonmetallic Mining Reclamation Permit must be completed and submitted with a reclamation plan, applicable fees, and financial assurance for the site to the Regulatory Authority. The county or municipality acting as the Regulatory Authority for the program is responsible for determining whether a Nonmetallic Mining Reclamation Permit should be issued.

The reclamation plan must be approved and a permit issued by the Regulatory Authority prior to any mining activity taking place. In Vernon County, the Regulatory Authority is the Land & Water Conservation Department. Contact the Program Manager for more information on the Program.

What is Nonmetallic Mining?

Nonmetallic mining can be described by the excavation, stockpiling, grading, or removal of a material that consists principally of naturally occurring, organic or inorganic, nonmetallic material. Nonmetallic minerals include, but are not limited to, stone, sand, gravel, asbestos, beryl, diamond, clay, coal, feldspar, peat, talc and topsoil, sand, rock, shale, or fill material.
Nonmetallic mining activities also include, but are not limited to, drilling, blasting, stockpiling of materials, blending mineral aggregates or nonmetallic minerals with other mineral aggregates or nonmetallic minerals, grading, crushing, screening, scalping and dewatering.

(Nonmetallic mining does not include removal from the earth of products or commodities that contain only minor or incidental amounts of nonmetallic minerals, such as commercial sod, agricultural crops, ornamental or garden plants, forest products, Christmas trees or plant nursery stock)

What is a Nonmetallic Mining site?
A nonmetallic mining site includes all contiguous areas of present or proposed mining, including :
  • The location where nonmetallic mining is proposed or conducted.
  • Storage and processing areas that are in or contiguous to areas excavated for nonmetallic mining.
  • Areas where nonmetallic mining refuse is deposited.
  • Areas affected by activities such as the construction or improvement of private roads or haulage ways for nonmetallic mining.
  • Areas where grading or regrading is necessary.
  • Areas where nonmetallic mining reclamation activities are carried out or structures needed for nonmetallic mining reclamation, such as topsoil stockpile areas, revegetation test plots, or channels for surface water diversion, are located.

What is a reclamation plan?

A reclamation plan is a detailed plan created by the operator for the nonmetallic mining site once mining has permanently ceased.

The reclamation plan should state an approved post-mining land use, and address environmental protection measures including topsoil salvage and storage, surface and groundwater protection, and contemporaneous reclamation to minimize the acreage exposed to wind and water erosion.
Why should nonmetallic mining sites be reclaimed?

Ideally, the reclamation of nonmetallic mines according to approved plans will result in environmental protection, stable non-eroding sites, productive end land uses and potential to enhance habitat and increase land values and tax revenues.

What is the purpose of financial assurance?
Financial assurance ensures completion of the reclamation plan. It is the responsibility of the nonmetallic mining site operator to provide acceptable financial assurance to the Regulatory Authority.
Why do fees have to be paid to the Regulatory Authority?
The Regulatory Authority has the responsibility of administering a local Nonmetallic Mining Reclamation Program. Administering the program includes conducting inspections, handling the application process, publicly noticing reclamation plans, and assuring all program implementation requirements are met. Fees paid by operators offset the expense of administering the program.