Determination of abandonment of mining.

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295.67 Determination of abandonment of mining.

(1) Except as provided in sub. (2), abandonment of mining occurs if there is a cessation of mining, not set forth in an operator's mining plan or reclamation plan or by any other sufficient written or constructive notice, extending for more than 6 consecutive months.

(2) Abandonment of mining does not occur if all of the following apply:

(a) The cessation of mining is due either to labor strikes or to unforeseen developments such as adverse market conditions.

(b) The cessation of mining does not continue beyond the time, not to exceed 5 years, specified by the department.

(c) The mining site is maintained in an environmentally stable manner during the cessation of mining.

(d) The reclamation of the mining site continues according to the reclamation plan during the cessation of mining to the extent practicable.

History: 2013 a. 1.


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