This chapter shall be known as the "Nonmetallic
Mining Reclamation Ordinance for the County of Price."
The purpose of this chapter is to establish
a local program to ensure the effective reclamation of nonmetallic
mining sites on which nonmetallic mining takes place in Price County
after the effective date of this chapter, in compliance with Chapter
NR 135, Wisconsin Administrative Code, and Subchapter I of Ch. 295,
Wis. Stats.
This chapter is adopted under the authority
of §§ 59.51 and 295.13(1), Wis. Stats.
The purpose of this chapter is to adopt and
implement the uniform statewide standards for nonmetallic mining required
by § 295.12(1)(a), Wis. Stats., and contained in Chapter
NR 135, Wisconsin Administrative Code. It is not intended that this
chapter repeal, abrogate, annul, impair or interfere with any existing
rules, regulations, ordinances or permits not concerning nonmetallic
mining reclamation previously adopted pursuant to other Wisconsin
law.
In their interpretation and application, the
provisions of this chapter shall be held to be the applicable requirements
for nonmetallic mining reclamation and shall not be deemed a limitation
or repeal of any other power granted by the Wisconsin Statutes outside
the reclamation requirements for nonmetallic mining sites required
by Subchapter I of Ch. 295, Wis. Stats., and Chapter NR 135, Wisconsin
Administrative Code. Where any terms or requirements of this chapter
may be inconsistent or conflicting, the more restrictive requirements
or interpretation shall apply. Where a provision of this chapter is
required by Wisconsin Statutes or by a standard in Chapter NR 135,
Wisconsin Administrative Code, and where the provision is unclear,
the provision shall be interpreted to be consistent with the Wisconsin
Statutes and the provisions of Chapter NR 135, Wisconsin Administrative
Code.
The provisions of this chapter shall be administered
by the Price County Zoning Department.
As used in this chapter, the following terms
shall have the meanings indicated:
ALTERNATIVE REQUIREMENT
An alternative to the reclamation standards of this chapter provided through a written authorization granted by Price County pursuant to §
514-26.
APPLICABLE RECLAMATION ORDINANCE
A nonmetallic mining reclamation ordinance, including this
chapter, that applies to a particular nonmetallic mining site and
complies with the requirements of Chapter NR 135, Wisconsin Administrative
Code, and Subchapter I of Ch. 295, Wis. Stats., unless the Wisconsin
Department of Natural Resources is the regulatory authority as defined
in Subsection C of the definition of "regulatory authority" in this
section. If the Wisconsin Department of Natural Resources is the regulatory
authority, "applicable reclamation ordinance" means the relevant and
applicable provisions of Chapter NR 135, Wisconsin Administrative
Code.
BORROW SITE
An area outside of a transportation project site from which
stone, soil, sand or gravel is excavated for use at the project site,
except that the term does not include commercial sources.
CONTEMPORANEOUS RECLAMATION
The sequential or progressive reclamation of portions of
the nonmetallic mining site affected by mining operations that is
performed in advance of final site reclamation, but which may or may
not be final reclamation, performed to minimize the area exposed to
erosion, at any one time, by nonmetallic mining activities.
DEPARTMENT
The Wisconsin Department of Natural Resources.
FINANCIAL ASSURANCE
A commitment of funds or resources by an operator to a regulatory authority that satisfies the requirements in §
514-22 and is sufficient to pay for reclamation activities required by this chapter.
HIGHWALL
A vertical or nearly vertical face in solid rock or a slope
of consolidated or unconsolidated material that exceeds 3:1.
LANDOWNER
The person who has title to land in fee simple or who holds
a land contract for the land. A landowner is not a person who owns
nonmetallic mineral rights to land, if a different person possesses
title to that land in fee simple or holds a land contract for that
land.
NONMETALLIC MINERAL
A product, commodity or material consisting principally of
naturally occurring, organic or inorganic, nonmetallic, nonrenewable
material. Nonmetallic minerals include, but are not limited to, stone,
sand, gravel, asbestos, beryl, diamond, clay, coal, feldspar, peat,
talc and topsoil.
NONMETALLIC MINING or MINING
All of following:
A.
Operations or activities at a nonmetallic mining
site for the extraction from the earth of mineral aggregates or nonmetallic
minerals for sale or use by the operator. "Nonmetallic mining" includes
use of mining equipment or techniques to remove materials from the
in-place nonmetallic mineral deposit, including drilling and blasting,
as well as associated activities such as excavation, grading and dredging.
"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.
B.
Processes carried out at a nonmetallic mining
site that are related to the preparation or processing of the mineral
aggregates or nonmetallic minerals obtained from the nonmetallic mining
site. These processes include, but are not limited to, stockpiling
of materials, blending mineral aggregates or nonmetallic minerals
with other mineral aggregates or nonmetallic minerals, blasting, grading,
crushing, screening, scalping and dewatering.
NONMETALLIC MINING RECLAMATION or RECLAMATION
The rehabilitation of a nonmetallic mining site to achieve
a land use specified in a nonmetallic mining reclamation plan approved
under this chapter, including removal or reuse of nonmetallic mining
refuse, grading of the nonmetallic mining site, removal, storage and
replacement of topsoil, stabilization of soil conditions, reestablishment
of vegetative cover, control of surface water and groundwater, prevention
of environmental pollution, and, if practicable, the restoration of
plant, fish and wildlife habitat.
NONMETALLIC MINING REFUSE
Waste soil, rock and mineral as well as other natural site
material resulting from nonmetallic mining. "Nonmetallic mining refuse"
does not include marketable by-products resulting directly from or
displaced by the nonmetallic mining that are scheduled to be removed
from the nonmetallic mining site within a reasonable period of time
after extraction.
NONMETALLIC MINING SITE or SITE
All contiguous areas of present or proposed mining described
in Subsection A, subject to the qualifications in Subsection B:
A.
"Nonmetallic mining site" means the following:
(1)
The location where nonmetallic mining is proposed
or conducted.
(2)
Storage and processing areas that are in or
contiguous to areas excavated for nonmetallic mining.
(3)
Areas where nonmetallic mining refuse is deposited.
(4)
Areas affected by activities such as the construction
or improvement of private roads or haulage ways for nonmetallic mining.
(5)
Areas where grading or regrading is necessary.
(6)
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.
B.
"Nonmetallic mining site" does not include any
of the following areas:
(1)
Those portions of sites listed in Subsection
A not used for nonmetallic mining or purposes related to nonmetallic mining after August 1, 2001.
(2)
Separate, previously mined areas that are not
used for nonmetallic mineral extraction after August 1, 2001, and
are not contiguous to mine sites, including separate areas that are
connected to active mine sites by public or private roads.
(3)
Areas previously mined but used after August
1, 2001, for a nonmining activity, such as stockpiles of materials
used for an industrial process unrelated to nonmetallic mining.
OPERATOR
Any person who is engaged in, or who has applied for a permit
to engage in, nonmetallic mining, whether individually, jointly or
through subsidiaries, agents, employees, contractors or subcontractors.
PERSON
An individual, owner, operator, corporation, limited liability
company, partnership, association, county, municipality, interstate
agency, state agency or federal agency.
REGULATORY AUTHORITY
One of the following:
A.
The county in which the nonmetallic mining site is located, that has an applicable reclamation ordinance under § 295.13, Wis. Stats., except where a municipality has adopted an applicable reclamation ordinance pursuant to Subsection
B.
B.
The municipality in which the nonmetallic mining
site is located and which has adopted an applicable reclamation ordinance
under § 295.14, Wis. Stats.
C.
The Department, in cases where a county mining
reclamation program is no longer in effect under § 295.14,
Wis. Stats., but only if there is no applicable reclamation ordinance
enacted by the municipality in which the nonmetallic mining site is
located.
REPLACEMENT OF TOPSOIL
The replacement or redistribution of topsoil or topsoil substitute
material to all areas where topsoil was actually removed or affected
by nonmetallic mining for the purpose of providing adequate vegetative
cover and stabilization of soil conditions needed to achieve the approved
post-mining land use and as required by the reclamation plan approved
pursuant to this chapter.
SOLID WASTE
Any garbage, refuse, sludge from a waste treatment plant,
water supply treatment plant or air pollution control facility and
other discarded or salvageable materials, including solid, liquid,
semisolid or contained gaseous materials resulting from industrial,
commercial, mining and agricultural operations and from community
activities, but does not include solids or dissolved material in domestic
sewage or solid or dissolved materials in irrigation return flows
or industrial discharges which are point sources subject to permits
under Ch. 283, Wis. Stats., or source material, special nuclear material
or by-product material as defined in § 254.31(1), Wis. Stats.
TOPSOIL
The surface layer of soil which is generally more fertile
than the underlying soil layers, which is the natural medium for plant
growth and which can provide the plant growth, soil stability and
other attributes necessary to meet the success standards approved
in the reclamation plan.
TOPSOIL SUBSTITUTE MATERIAL
Soil or other unconsolidated material either used alone or
mixed with other beneficial materials and which can provide the plant
growth, site stability and other attributes necessary to meet the
success standards approved in the reclamation plan.
UNRECLAIMED ACRE or UNRECLAIMED ACRES
A.
Those unreclaimed areas in which nonmetallic mining has occurred after August 1, 2001, and areas where nonmetallic mining reclamation has been completed but is not yet certified as reclaimed under §
514-37C. However, the term does not include any areas described in Subsection
B.
B.
"Unreclaimed acre" or "unreclaimed acres" does
not include:
(1)
Those areas where reclamation has been completed and certified as reclaimed under §
514-37C.
(2)
Those areas previously affected by nonmetallic
mining but which are not used for nonmetallic mining after August
1, 2001.
(3)
Those portions of nonmetallic mining sites which
are included in a nonmetallic mining reclamation plan approved pursuant
to this chapter but are not yet affected by nonmetallic mining.
(4)
Areas previously mined but used after August
1, 2001, for a nonmining activity, such as stockpiling of materials
used for an industrial activity such as an asphalt plant, concrete
batch plant, block and tile operation or other industry that uses
products produced from nonmetallic mining.
(5)
For purposes of fees under §
514-35, those areas within a nonmetallic mining site which Price County has determined to have been successfully reclaimed on an interim basis in accordance with §
514-37C.