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Grant County, WI
 
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Table of Contents
Table of Contents
Code
New Laws (2) Index
A. 
Required submittal. The operator of all nonmetallic mining sites that operate on or after August 1, 2001, shall apply for a reclamation permit from the Grant County CSZD. All reclamation permit applications under this section shall be accompanied by the information and documents required by § NR 135.18, Wis. Adm. Code, as well as the fee required. Reclamation permit applications shall be submitted using the Grant County Nonmetallic Mining Reclamation Program permit application form. No person may engage in nonmetallic mining or in nonmetallic mining reclamation without first obtaining a nonmetallic mining reclamation permit pursuant to this chapter unless the activity is specifically exempted under this chapter.
B. 
Existing mines. The operator of any existing nonmetallic mine shall apply for an automatic reclamation permit from Grant County by providing the information required by § NR 135.18, Wis. Adm. Code, and the submittals required under Subsection A no later than August 1, 2001, to the Grant County CSZD. This application for a permit shall be accompanied by the annual fee as specified in § 180-27 of this chapter.
C. 
New mines. The operator of any nonmetallic mine site that engages in or plans to engage in nonmetallic mining that will begin operations after August 1, 2001, or which has not applied for an automatic reclamation permit pursuant to Subsection B shall submit an application that meets the requirements of § NR 135.18, Wis. Adm. Code, and the submittals required under Subsection A to the Grant County CSZD prior to beginning operations. This application shall be accompanied by a plan review fee as specified in § 180-26. The operator of a new mine shall also pay a first annual fee at the time the operator submits their application and reclamation plan pursuant to § NR 135.18, Wis. Adm. Code.
A. 
Reclamation plan requirements. All operators of nonmetallic mining sites subject to this chapter shall prepare and submit a reclamation plan that meets the requirements of § NR 135.19, Wis. Adm. Code. Reclamation plans shall be submitted to the Grant County CSZD.
B. 
Existing mines. The operator of any nonmetallic mining site that submits an automatic permit application in conformance with § 180-12B shall submit the reclamation plan required by Subsection A by the following dates:
Operating Mine Size in Acres
Reclamation Plan Due Date
1 to 10
January 1, 2004
11 to 15
February 1, 2004
16 to 25
March 1, 2004
26 and more
April 1, 2004
C. 
New mines. The operator of any nonmetallic mining site that applies for a permit in conformance with § 180-12C shall submit the reclamation plan required by Subsection A with its application for a reclamation permit.
D. 
Existing plans and approvals. To avoid duplication of effort, the reclamation plan required by Subsection A may, by reference, incorporate existing plans or materials that meet the requirements of this chapter.
E. 
Approval of reclamation plan. Grant County shall approve, conditionally approve or deny the reclamation plan submitted under this section, in writing, as part of permit issuance in accordance with this chapter. The operator shall keep a copy of the reclamation plan required by this section, once approved by Grant County, at the mine site or, if not practicable, at the operator's nearest office or place of business. The reclamation plan shall contain the criteria for assuring successful reclamation in accordance with Ch. NR 135, Wis. Adm. Code, in order to be approved.
A. 
Financial assurance requirements. All operators of nonmetallic mining sites in Grant County shall prepare and submit a proof of financial assurance of successful reclamation that meets the requirements of § NR 135.40, Wis. Adm. Code. Proof of financial assurance shall be submitted to the Grant County CSZD.
B. 
Existing mines. The operator of any nonmetallic mine site that submits a permit application pursuant to § 180-12B shall submit the financial assurance required by Subsection A by June 30, 2004. The financial assurance shall be specified in the reclamation plan required by § 180-13A.
C. 
New mines. The operator of any nonmetallic mining site that applies for a reclamation permit pursuant to § 180-12C shall submit the proof of financial assurance required by Subsection A as specified in the reclamation permit issued to it under this chapter. Proof of financial assurance shall be submitted by the operator before mining begins at the site.
D. 
Public nonmetallic mining. The financial assurance requirements of this section do not apply to nonmetallic mining conducted by the State of Wisconsin, a state agency, board, commission or department, or a municipality, or a County agency.
A. 
New mines. Grant County shall provide public notice and the opportunity for a public informational hearing, as set forth in § NR 135.20, Wis. Adm. Code, for any nonmetallic mining site for which a complete reclamation permit application that satisfies § 180-12C is received. The notice shall be published no later than 30 days after receipt of a completed application, and the notice shall contain the information required by § NR 135.20, Wis. Adm. Code. The notice shall also be mailed as required by § NR 135.20, Wis. Adm. Code.
B. 
Existing mines. No public notice or informational hearing is required on an application for a reclamation permit for an existing mine that satisfies § 180-12B, except as provided in § NR 135.20, Wis. Adm. Code.
C. 
Local transportation related mines. No public notice or informational hearing is required for a nonmetallic mining reclamation permit issued to a local transportation-related mine pursuant to § 180-16E.
D. 
Procedures for conducting a public hearing. If a public informational hearing as set forth in § NR 135.20(2) Wis. Adm. Code, is requested by an interested person listed in § NR 135.20, Wis. Adm. Code, and there is no opportunity for a zoning-related hearing on the nonmetallic mine site, the following procedure shall be followed.
(1) 
A representative or representatives of Grant County and/or its designee shall conduct the hearing within the time limits set forth in § NR 135.20, Wis. Adm. Code. The public informational hearing shall be conducted for the purpose of explaining and receiving comment from persons described in § NR 135.20(2)(b) Wis. Adm. Code, on the nature, feasibility, and effects of the proposed reclamation. The subject matter and testimony at the hearing shall be limited to the reclamation of the nonmetallic mine site. A representative of Grant County or its designee shall briefly summarize the reclamation plan. The owner and/or operator submitting the reclamation plan will then be given the opportunity to comment on the reclamation plan. The public will then have the opportunity to ask questions and comment on the reclamation plan. Questions and comments from the public shall be limited to a reasonable amount of time designated by the representative of Grant County or its designee.
(2) 
Grant County or its designee shall review the comments made at the public informational hearing. If Grant County or its designee determines that revisions to the reclamation plan are warranted, based on public comment and testimony, the owner and/or operator submitting the reclamation plan shall be given a reasonable amount of time designated by Grant County or its designee to revise the reclamation plan. If there is a zoning-related hearing on the mine site, Grant County shall provide the opportunity at this hearing to present testimony on reclamation-related matters. Grant County shall consider the reclamation-related testimony in the zoning-related hearing in deciding on a permit application pursuant to this chapter.
A. 
Permit required. Every operator of a nonmetallic mining site in Grant County who engages in or plans to engage in nonmetallic mining after August 1, 2001, shall obtain a reclamation permit issued under this chapter, except nonmetallic mining sites exempt from this chapter as provided in § 180-7B. No person may engage in nonmetallic mining or nonmetallic mining reclamation after August 1, 2001, without a reclamation permit issued pursuant to this chapter.
B. 
Automatic permit for existing mines. Grant County shall issue an automatic reclamation permit to the operator of any nonmetallic mine that submits an application meeting the requirements of this chapter and Ch. NR 135, Wis. Adm. Code. The automatic permit shall be issued within 30 days of such application.
C. 
Evaluation of follow-up submittals for existing mines. Mines covered by automatic permits issued under Subsection B shall submit a reclamation plan in accordance with § 180-13B and proof of financial assurance in accordance with § 180-14B by the deadlines established in those subsections. Reasonable extensions to these deadlines may be granted, in writing, by Grant County where extenuating circumstances exist.
D. 
Permit issuance for new mines. Operators who have submitted an application for a reclamation permit for nonmetallic mining sites not permitted under Subsection B along with a reclamation plan that satisfies all of the requirements of this chapter and Ch. NR 135, Wis. Adm. Code, and where the operator has paid the required fees under this chapter shall be issued a reclamation permit or the application shall otherwise be acted on as provided in § NR 135.21, Wis. Adm. Code. The permit shall require compliance with a reclamation plan submitted by the applicant that conforms with § 180-13C and provision by the applicant of financial assurance that conforms with § 180-14C payable to Grant County CSZD. The permit shall be issued within the time deadlines contained in § NR 135.21, Wis. Adm. Code.
E. 
Automatic permit for local transportation-related mines. Grant County shall issue an automatic permit under this subsection for any borrow site operated to provide material for a locally administered transportation project that meets the criteria in § NR 135.23, Wis. Adm. Code, if the applicant complies with the requirements of § NR 135.23, Wis. Adm. Code. This automatic permit shall be issued pursuant to the provisions of § NR 135.23, Wis. Adm. Code.
F. 
Expedited review. Any operator of a nonmetallic mining site may obtain an expedited review of a reclamation permit application by paying the expedited review fee specified in § 180-26B. The expedited review shall be carried out according to the provisions of § NR 135.23(2), Wis. Adm. Code. Such expedited review shall not waive, shorten or otherwise affect the public notice and right of hearing pursuant to § 180-15. An applicant may request expedited permit review by proceeding in accordance with § NR 135.23(2)(b) or (c), Wis. Adm. Code.
G. 
Permit conditions. Permits issued under this section may include conditions as provided in § NR 135.21, Wis. Adm. Code. One required condition shall be that new mines shall file financial assurance prior to beginning mining pursuant to § NR 135.40, Wis. Adm. Code.
No application for a nonmetallic reclamation permit shall be approved if any of the factors specified in § NR 135.22, Wis. Adm. Code, exist. Denials by Grant County shall be in writing and sent to the applicant within the deadlines set forth in § 135.21, Wis. Adm. Code. The written denial shall set forth the reason or reasons for the denial and shall inform the applicant that the decision can be reviewed and shall inform the applicant of the review process.
A. 
Scope of alternative requirements approvable. An operator of a nonmetallic mining site may request an alternative requirement to any reclamation standard established in § 180-11. Such a request may be made only on the basis of the criteria set forth in § NR 135.26(1), Wis. Adm. Code.
B. 
Procedures. The operator of a nonmetallic mining site requesting an alternative requirement in Subsection A shall demonstrate all the criteria in § NR 135.26(1), Wis. Adm. Code. This shall be submitted, in writing, to the Grant County CSZD.
(1) 
The Grant County Zoning Administrator shall decide whether or not the alternate requirement to the reclamation standards proposed by the operator should be permitted or denied. If the proposed alternate requirements will meet the criteria set forth in § NR 135.26(1), Wis. Adm. Code, the Zoning Administrator shall approve the use of the alternate requirements to the reclamation standards. If the operator has not met the criteria set forth in § NR 135.26(1), Wis. Adm. Code, the Zoning Administrator shall deny the use of the alternate requirements to the reclamation standards.
(2) 
The approval or denial of the alternate requirements to the reclamation standards shall be sent to the operator, in writing, within 30 days of receipt of all of the required information regarding the proposed alternate requirements to the reclamation standards. Reasons why the alternate requirements were or were not approved shall also be set forth in the notice to the operator in writing. The decision shall be dated and shall notify the operator that the decision can be appealed by filing a written notice of appeal requesting a hearing before the Grant County Zoning Board of Adjustment. The decision shall indicate that the notice of appeal must be filed with the Grant County CSZD within 30 days of receipt of the decision.
(3) 
Any operator aggrieved by a decision of the Zoning Administrator regarding alternate requirements to the reclamation standards can file a written notice of appeal requesting a hearing before the Grant County Board of Adjustment. Such written notice of appeal shall be filed with the Grant County CSZD within 30 days from the date that the operator receives the written decision of the Zoning Administrator regarding alternate requirements to the reclamation standards. Any appeal shall proceed pursuant to § 180-22 of this chapter.
C. 
Notice to Wisconsin Department of Natural Resources. Grant County shall provide notice to the Wisconsin Department of Natural Resources as provided in § NR 135.26(3), Wis. Adm. Code.
A nonmetallic mining reclamation permit issued under this chapter shall last through operation and reclamation of the nonmetallic mining site, unless suspended or revoked pursuant to § 180-20B, or as limited under § NR 135.27, Wis. Adm. Code, where the mine operator is not the landowner. If changes occur in the area to be mined, the nature of planned reclamation, or other aspects of mining require that the approved reclamation plan be amended, the applicant shall apply for a permit modification pursuant to § NR 135.24, Wis. Adm. Code.
A nonmetallic mining reclamation permit issued under this chapter may be transferred to a new owner or operator upon satisfaction of the conditions in § NR 135.28, Wis. Adm. Code.
For any nonmetallic mining site which had a reclamation permit previously issued pursuant to Ch. NR 135, Wis. Adm. Code, that becomes subject to reclamation permitting authority of Grant County, the previously issued municipal reclamation permit's terms and conditions shall remain in force until they can be modified by Grant County pursuant to § 180-23A.
Any permitting decision or action made by Grant County under this chapter may be reviewed as set forth in § NR 135.30, Wis. Adm. Code. Any person who is aggrieved by any decision of the Zoning Administrator under this chapter can file a written notice of appeal requesting a hearing before the Grant County Zoning Board of Adjustment. This notice of appeal must be filed with the Grant County Administrator within 30 days of the date that the operator received the written decision of the Zoning Administrator. A hearing shall then be scheduled before the Grant County Zoning Board of Adjustment, which hearing is to take place within 15 days of the date that the Zoning Administrator received the notice of appeal. The Zoning Administrator shall send the appellant and any other interested persons, by mail, notice of the date and place of the hearing at least 10 days before such hearing. The Zoning Administrator shall give public notice of the hearing as required by Wisconsin law.
A. 
A majority vote of the Grant County Board of Adjustment shall prevail. The Grant County Zoning Board of Adjustment shall have the power to affirm, reverse, or modify any decision of the Zoning Administrator under this chapter. At the hearing the aggrieved person, Grant County and other interested persons shall have the right to present evidence, call and cross-examine witnesses and, if they so wish, to be represented by their attorney.
B. 
The Board of Adjustment shall consist of five members to be appointed by the Chairman of the County Board with the approval of the County Board. If the Board of Adjustment determines that the Zoning Administrator made an error in his or her decision, the Zoning Board of Adjustment shall reverse or modify the decision of the Zoning Administrator. If the Board of Adjustment determines that the Zoning Administrator did not make an error in his or her decision, the Zoning Board of Adjustment shall affirm the decision of the Zoning Administrator.
C. 
The decision of the Zoning Board of Adjustment shall be reduced to writing and sent to the appellant. The decision shall be dated and set forth whether the decision of the Zoning Administrator is affirmed, denied, or modified and the reason therefor. The decision shall notify the appellant that the appellant has the right to file an action with the Grant County Circuit Court within 30 days seeking an appeal of the matter by certiorari.