Wisconsin Code § 295.49

Reclamation plan
Open in Lexace · Ask the AI about this section
(1) An applicant for a mining
permit shall submit as part of the application a reclamation plan,
designed to minimize adverse effects to the environment to the
extent practicable, that includes all of the following:
(a) A description of the manner, location, sequence, and timing of reclamation of the mining site, including the mine, mining
waste site, and sites for the disposal of wastes that are not mining
wastes.
(am) Prereclamation and postreclamation drawings.
(b) A map showing the specific reclamation proposal for each
area of the mining site.
(c) A description of ongoing reclamation procedures during
mining.
(d) A description of proposed interim and final topography
and slope stabilization.
(e) A description of the proposed final land use and the relationship to surrounding land and land use.
(f) Plans for the long-term care of the mining site, that include
all of the following:
1. Monitoring of the mine; mining waste sites; sites for the
disposal of wastes that are not mining wastes; groundwater quality; and surface water quality.
2. The names of persons legally and operationally responsible for long-term care.
(g) Projected costs of reclamation, including the estimated
cost of fulfilling the reclamation plan.
(2) The applicant shall demonstrate in the reclamation plan
that all of the following will apply to the proposed reclamation, at
a minimum:
(a) All toxic and hazardous wastes will be disposed of in conformance with applicable state and federal laws.
(b) At the conclusion of mining activity, each tunnel, shaft,
and other underground opening will be sealed in a manner that
will prevent seepage of water in amounts that may be expected to
create a safety, health, or environmental hazard, unless the applicant demonstrates alternative uses for the tunnel, shaft, or other
underground opening that do not endanger public health or safety
and that conform to applicable environmental protection and
mine safety laws and rules.
(c) Grading and stabilization of the excavation, sides,
benches, and final slope will conform with state and federal environmental and safety requirements and will prevent erosion and
environmental pollution to the extent practicable.
(d) Grading and stabilization of the mining waste site and
sites for the disposal of wastes that are not mining wastes will
conform with state and federal environmental and safety
requirements.
(e) Merchantable by-products will be stabilized.
(f) Diversion and drainage of water from the mining site, including the mining waste site and sites for the disposal of wastes
that are not mining wastes, will be adequate to prevent erosion
and contamination of surface water and groundwater to the extent
practicable.
(g) Backfilling with tailings, waste rock, overburden, or borrow materials will be conducted where the backfilling will not interfere with the mining and will not cause an applicable groundwater quality standard to be exceeded.
(h) All underground and surface runoff waters from the mining site will be managed, impounded, or treated in compliance
with any approval that regulates construction site erosion control
or storm water management or discharge.
(i) All surface structures constructed as part of the mining activities will be removed unless an alternate use is approved in the
reclamation plan.
(j) Adequate measures will be taken to prevent significant
subsidence, but if subsidence does occur, the affected area will be
reclaimed.
(k) All recoverable topsoil from surface areas disturbed by the
mining will be removed and stored in an environmentally acceptable manner for use in reclamation or in offsetting or minimizing
adverse environmental impacts.
(L) All disturbed surface areas will be revegetated as soon as
practicable after the disturbance to stabilize slopes and minimize
air pollution and water pollution, with the objective of reestablishing a variety of plants and animals indigenous to the area immediately prior to mining to the extent practicable.
(m) Plant species not indigenous to the area will be used for
revegetation only if necessary to provide rapid stabilization of
slopes and prevention of erosion and only with the approval of the
department, but the objective under par. (L) will be maintained.
(3) If it is physically or economically impracticable or environmentally or socially undesirable for the reclamation process to
return the area affected by mining to its original state, the applicant shall provide, in the reclamation plan, the reasons it would

be impracticable or undesirable and a discussion of alternative
conditions and uses to which the affected area can be put.

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.