No person may engage in nonmetallic mining or in nonmetallic mining reclamation without possessing a nonmetallic mining reclamation permit issued pursuant to the applicable reclamation ordinance unless the activity is specifically exempted in §
323-7, §
323-36, Word usage and definitions.
A. Required submittal. All operators of nonmetallic mining
sites shall apply for a reclamation permit from Green Lake County.
All applications for reclamation permits under this section shall
be accompanied by the following information:
(1) A brief description of the general location and nature
of the nonmetallic mine.
(2) A legal description of the property on which the nonmetallic
mine is located or proposed, including the parcel identification number.
(3) The names, addresses and telephone numbers of all
persons or organizations who or which are owners or lessors of the
property on which the nonmetallic mining site is located.
(4) The name, address and telephone number of the person
or organization who or which is the operator.
(5) A certification by the operator of his or her intent to comply with the statewide nonmetallic mining reclamation standards established by Article
II.
B. Reclamation permit application contents. The operator
of any nonmetallic mine site shall submit an application that meets
the requirements specified below to the Green Lake County Land Use
Planning and Zoning Department located in the Green Lake County Courthouse
in the City of Green Lake prior to beginning operations.
(1) The information required by Subsection
A, above.
(3) A reclamation plan conforming to §
323-15.
(4) A certification that the operator will provide, as a condition of the reclamation permit, financial assurance required by §
323-16 upon granting of the reclamation permit and before mining begins.
(5) To avoid duplication, the permit application and submittals
required under this subsection may, by reference, incorporate existing
plans or materials that meet the requirements of this chapter.
All operators of nonmetallic mining sites subject
to this chapter shall prepare and submit a reclamation plan that meets
the following requirements:
A. Plan required. All operators who conduct or plan to conduct nonmetallic mining shall submit to Green Lake County a reclamation plan that meets all of the requirements of this section and complies with the reclamation standards of Article
II.
B. Site information. The reclamation plan shall include
information sufficient to describe the existing natural and physical
conditions of the site, including but not limited to:
(1) Maps of the nonmetallic mining site, including the
general location, property boundaries, the aerial extent, geologic
composition and depth of the nonmetallic mineral deposit, the distribution,
thickness and type of topsoil, the location of surface waters, and
the existing drainage patterns, the approximate elevation of groundwater,
as determined by existing hydrogeologic information. In specific instances
where the existing hydrogeologic information is insufficient for purposes
of the reclamation plan, the applicant may supplement the information
with the opinion of a licensed professional geologist or hydrologist.
(2) Topsoil or topsoil substitute material, if required
to support revegetation needed for reclaiming the site to approved
post-mining land use, can be identified using County soil surveys
or other available information, including that obtained from a soil
scientist or University of Wisconsin soil science extension agent
or other available information resources.
(3) Information available to the mine operator on biological
resources, plant communities, and wildlife use at and adjacent to
the proposed or operating mine site.
(4) Existing topography as shown on contour maps of the
site at a minimum of four-foot contour intervals.
(5) Location of man-made features on or near the site.
(6) For proposed nonmetallic mining sites that include
previously mined areas, a plan view drawing showing the location and
extent of land previously affected by nonmetallic mining, including
the location of stockpiles, wash ponds, and sediment basins.
C. Post-mining land use.
(1) The reclamation plan shall specify a proposed post-mining
land use for the nonmetallic mine site. The proposed post-mining land
use shall be consistent with local land use plans and local zoning
at the time the plan is submitted, unless a change to the land use
plan or zoning is proposed. The proposed post-mining land use shall
also be consistent with all applicable local, state, or federal laws
in effect at the time the plan is submitted.
(2) Land used for nonmetallic mineral extraction in areas
zoned under an exclusive agricultural use ordinance pursuant to § 91.75,
Wis. Stats., shall be restored to agricultural use.
D. Reclamation measures. The reclamation plan shall include
a description of the proposed reclamation, including methods and procedures
to be used and a proposed schedule and sequence for the completion
of reclamation activities for various stages of reclamation of the
nonmetallic mining site. The following shall be included:
(1) A description of the proposed earthwork and reclamation, including final slope angles, highwall reduction, benching, terracing and other structural slope stabilization measures and, if necessary, a site-specific engineering analysis performed by a registered professional engineer as provided by §
323-13E(1) or
(2).
(2) The methods of topsoil or topsoil substitute material
removal, storage, stabilization and conservation that will be used
during reclamation.
(3) A plan or map which shows anticipated topography of
the reclaimed site and any water impoundments or artificial lakes
needed to support the anticipated future land use of the site.
(4) A plan or map which shows surface structures, roads
and related facilities after the cessation of mining.
(5) The estimated cost of reclamation for each stage of
the project or the entire site if reclamation staging is not planned.
(6) A revegetation plan which shall include timing and
methods of seedbed preparation, rates and kinds of soil amendments,
seed application timing, methods and rates, mulching, netting and
any other techniques needed to accomplish soil and slope stabilization.
(7) Quantifiable standards for revegetation adequate to
show that a sustainable stand of vegetation has been established which
will support the approved post-mining land use. Standards for revegetation
may be based on the percent of vegetative cover, productivity, plant
density, diversity or other applicable measures.
(8) A plan and, if necessary, a narrative showing erosion
control measures to be employed during reclamation activities. These
shall address how reclamation activities will be conducted to minimize
erosion and pollution of surface and groundwater.
(9) A description of any areas which will be reclaimed on an interim basis sufficient to qualify for the waiver of fees pursuant to §
323-31B and
D and the Wisconsin Administrative Code and release of financial assurance pursuant to §
323-31C and which will be subsequently disturbed prior to final reclamation. Descriptions shall include an identification of the proposed areas involved, methods of reclamation, to comply with the standards in Article
II, and timing of interim and final reclamation.
(10)
A description of how the reclamation plan addresses
the long-term safety of the reclaimed mining site. The description
shall include discussion of site-specific safety measures to be implemented
at the site and include measures that address public safety with regard
to adjacent land uses.
E. Criteria for successful reclamation. The reclamation plan shall contain criteria for assuring successful reclamation in accordance with §
323-13H.
F. Certification of reclamation plan. The operator shall
provide a signed certification that reclamation will be carried out
in accordance with the reclamation plan. If the operator does not
own the land, the landowner or lessor, if different from the operator,
shall also provide signed certification that they concur with the
reclamation plan and will allow its implementation.
G. Existing plans and approvals. To avoid duplication
of effort, the reclamation plan required by this section may, by reference,
incorporate existing plans or materials that meet the requirements
of this chapter.
H. Approval of reclamation plan. Green Lake County shall approve, conditionally approve or deny the reclamation plan submitted under this section in writing in accordance with §
323-18B for mines that apply for a reclamation permit in conformance with §
323-14. Conditional approvals of reclamation plans shall be made according to §
323-18E, and denials of reclamation plans shall be made pursuant to §
323-19. The operator shall keep a copy of the reclamation plan approved under this subsection at the mine site or, if not practicable, at the operator's nearest place of business.
A nonmetallic mining reclamation permit issued
under this chapter shall be transferred to a new owner or operator
upon satisfaction of the following conditions:
A. A nonmetallic mining reclamation permit may be transferred
to a new operator upon submittal to Green Lake County of proof of
financial assurance and a certification in writing by the new permit
holder that all conditions of the permit will be complied with.
B. The transfer is not valid until financial assurance
has been submitted by the new operator and accepted by Green Lake
County and Green Lake County makes a written finding that all conditions
of the permit will be complied with. The previous operator shall maintain
financial assurance until the new operator has received approval and
provided the financial assurance under this section.
For any nonmetallic mining site which had a reclamation permit previously issued by another regulatory authority pursuant to Ch. NR 135, Wis. Adm. Code, that becomes subject to reclamation permitting authority of Green Lake County, the terms and conditions of the previously issued municipal reclamation permit shall remain in force until modified by Green Lake County pursuant to §
323-25A.
Any permitting decision or action made by the
Green Lake County under this chapter may be reviewed as set forth
in this section. Notwithstanding §§ 68.001, 68.03(8)
and (9), 68.06 and 68.10(1)(b), Wis. Stats., any person who meets
the requirements of § 227.42(1), Wis. Stats., may obtain
a contested case hearing under § 68.11, Wis. Stats., on
Green Lake County's decision to issue, deny or modify a nonmetallic
mining reclamation permit.