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Grant County, WI
 
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Table of Contents
Table of Contents
Code
New Laws (2) Index
A. 
By Grant County. A nonmetallic mining reclamation permit issued under this chapter may be modified by Grant County if it finds that, due to changing conditions, the nonmetallic mining site is no longer in compliance with this chapter. Such modification shall be by an order conforming to the procedures in § 180-32 and as provided in § NR 135.24(1), Wis. Adm. Code.
B. 
By the operator. If an operator of any nonmetallic mine that holds a reclamation permit issued under this chapter desires to modify such permit or reclamation plan approved under this chapter, it may request such modification by submitting a written application for such modification to the Grant County CSZD. The application for permit or plan modification shall be acted on using the standards and procedures of this chapter.
C. 
Required by the operator. The operator of any nonmetallic mine that holds a reclamation permit issued under this chapter shall request a modification of such permit if required under the circumstances set out in § NR 135.27, Wis. Adm. Code. Such application for permit modification shall be acted on using the standards and procedures of this chapter.
D. 
Review. All actions on permit modifications requested or initiated under this section are subject to review under § 180-22.
A. 
Grounds. Grant County may suspend or revoke a nonmetallic mining reclamation permit issued pursuant to this chapter if it finds any of the grounds listed in § NR 135.25(1), Wis. Adm. Code.
B. 
Procedures. If Grant County finds grounds for suspending or revoking a nonmetallic mining reclamation permit as set forth in Subsection A, it may issue a special order suspending or revoking such permit as set forth in § 180-32B. Upon permit revocation, the operator shall forfeit the financial assurance the operator provided to Grant County.
C. 
Consequences. The consequences of a reclamation permit suspension or revocation order under Subsection B shall be as set forth in § NR 135.25(2) and (3), Wis. Adm. Code.
A. 
Contents and deadlines. Annual reports shall be submitted by the operators of nonmetallic mining sites, which annual reports must contain the information and certification required by § NR 135.36, Wis. Adm. Code. These reports shall be for activities and reclamation during a calendar year on unreclaimed acreage for the previous calendar year for all active and intermittent mining sites and submitted, in writing, within 31 days after the end of each year to the Grant County CSZD. Annual reports shall be submitted until reclamation at each nonmetallic mining site is certified as complete under § 180-29. Annual reports shall be submitted using Grant County's Nonmetallic Mining Reclamation Program annual report form.
B. 
Inspection in lieu of report. Grant County may, at its discretion, obtain information required in Subsection A by written documentation of an inspection it completes during a calendar year, as set forth in § NR 135.36(4), Wis. Adm. Code.
C. 
Retention of annual reports. Annual reports submitted under this section or inspection records that replace them shall be retained by the Grant County Zoning Office for at least 10 years after they are submitted. These records, or accurate copies of them, shall be made available to the Wisconsin Department of Natural Resources upon written request or during its inspection or audit activities carried out pursuant to Ch. NR 135, Wis. Adm. Code.
A. 
Amount and applicability. The fees shall be set and periodically amended by the Grant County Conservation, Sanitation and Zoning Committee. A person who intends to operate a nonmetallic mining site for which a permit application has been submitted under this chapter shall submit a nonrefundable plan review fee as specified in the Grant County Fee Schedule.[1] Fees shall be paid and mailed to the Grant County CSZD. No plan review fee may be assessed under this section for any nonmetallic mine site for which an application for an automatic reclamation permit is submitted that meets the requirements of § 180-12B, or for any local transportation-related mine issued an automatic permit under § 180-16E. A separate plan review fee shall be paid under this section for any modification to an existing reclamation plan submitted pursuant to § 180-23.
[1]
Editor's Note: Said fee schedule is included as an attachment to this chapter.
B. 
Expedited plan review fee. A person who intends to operate a nonmetallic mining site for which a permit application has been submitted under § 180-12C may obtain expedited reclamation plan review by paying a fee as specified in the Grant County fee schedule. Such fee shall be in addition to that required in Subsection A. The expedited review will be completed within five business days.
C. 
Relation to annual fee. Any reclamation plan review fee or expedited reclamation plan review fee collected under this section shall be added to and collected as part of the first annual fee collected under § 180-27.
A. 
Area subject to fees, procedures and deadline. Operators of all nonmetallic mining sites subject to reclamation permits issued under this chapter shall pay annual fees on unreclaimed nonmetallic mining sites to Grant County. Fees shall be mailed to the Grant County CSZD. Fees paid under this section shall include both a share for the Wisconsin Department of Natural Resources under Subsection B and a share for Grant County under Subsection C. These fees shall be paid each year and calculated based on the amount of unreclaimed acres of each site, as required by § NR 135.39, Wis. Adm. Code. Such fees apply until final reclamation is certified as complete under § 180-29. Fees shall be paid no later than January 31 for the previous calendar year. The Grant County Nonmetallic Mining Reclamation Program annual fee form shall be submitted with payment. The annual fee form shall set forth the operator's name and address, the year for which the fee is being paid, whether the mine is a new or existing mine, number of unreclaimed acres, and fees being paid.
B. 
Wisconsin Department of Natural Resources share of fee. Fees paid under this section shall include a share for the Wisconsin Department of Natural Resources equal to the amount specified in § NR 135.39(3), Wis. Adm. Code.
C. 
Grant County's share of fee. Fees paid under this section shall also include an annual fee as specified in the Grant County Fee Schedule.[1] Fees shall be paid to Grant County and mailed to the Grant County CSZD. This fee equals, as closely as possible, Grant County's expenses in administering the reclamation program and its costs of ensuring compliance with this chapter as well as the cost of inspections.
[1]
Editor's Note: Said fee schedule is included as an attachment to this chapter.
D. 
Documentation of Grant County's share of fee. If the annual fee in Subsection C is greater than that established in § NR 135.39(4)(c), Wis. Adm. Code, Grant County shall make available for public inspection written documentation of its estimated program costs and the need for fees exceeding those in § NR 135.39(4)(c), Wis. Adm. Code, prior to adopting them. This document shall be available for public inspection at the Grant County CSZD.
A. 
Reporting. Grant County shall send an annual report to the Wisconsin Department of Natural Resources including the information required by § NR 135.37, Wis. Adm. Code.
B. 
Documentation. Grant County shall, to the best of its ability, maintain the information set forth in § NR 135.47(3), Wis. Adm. Code, and make it available to the Wisconsin Department of Natural Resources for that agency's audit of Grant County's reclamation program pursuant to § NR 135.47, Wis. Adm. Code.
A. 
The operator of a nonmetallic mining site shall file a notice of completed reclamation with the Grant County CSZD using the Grant County Nonmetallic Mining Reclamation Program completed reclamation form when the operator deems reclamation activities to be completed for a portion of the nonmetallic mining site or for the entire site. The form shall set forth the name and address of the operator, the date reclamation was completed, the number of acres for which reclamation has been completed, the number of acres for which reclamation has not been completed, and description of acreage for which reclamation has not been completed. The Zoning Administrator or his designee shall then inspect the mining premises or portion thereof that was the subject of the notice of completion of reclamation to determine if reclamation has been carried out in accordance with the approved reclamation plan. The inspection shall occur within the time limit set forth in § NR 135.40(7), Wis. Adm. Code. The Zoning Administrator may partially release the financial assurance if the Zoning Administrator determines that compliance with a portion of the reclamation plan has been achieved and requires no waiting period.
B. 
After determining that reclamation is totally complete pursuant to the reclamation plan and Ch. NR 135, Wis. Adm. Code, the Zoning Administrator shall issue a certificate of completion and shall release the financial assurance. The Zoning Administrator may make a determination whether reclamation is or is not yet complete, whether it is not possible to assess whether reclamation is complete due to weather conditions, snow cover or other relevant factors, whether reclamation is complete in a part of the mine or whether reclamation is fully complete. The financial assurance shall be forfeited if the permit is revoked under § NR 135.25, Wis. Adm. Code and the appeals process has been completed or an operator ceases mining operations and fails to reclaim the site in accordance with the reclamation plan.
C. 
Effect of completed reclamation. If reclamation is certified by Grant County as complete under § 180-29, for part or all of a nonmetallic mining site, then:
(1) 
No fee shall be assessed in the future under § 180-27 for the area so certified.
(2) 
The financial assurance required by § 180-14 shall be released if the mine is totally reclaimed.
(3) 
For sites which are reported as partially reclaimed under § 180-29 and so certified under § 180-29, financial assurance for the reclaimed certified area shall be reduced.
When all final reclamation required by a reclamation plan conforming to § 180-13 and required by this chapter is certified as complete pursuant to § 180-29, Grant County shall issue a written statement to the operator of the nonmetallic mining site, thereby terminating the reclamation permit.