[Adopted 10-20-2009 by Ord. No. 2009-035]
Nonmetallic mining is recognized as an important industry which
contributes to the Town's economic and social well-being but
which risks damage to the long-term physical environment and the tax
base of the Town. It is the purpose of this article to establish regulations
for nonmetallic mining and site reclamation that will protect the
environment and the tax base both during and after the conduct of
mining operations in compliance with Ch. NR 135, Wis. Adm. Code, and
Subchapter I of Chapter 295, Wis. Stats.
This article is adopted under the authority of § 295.13(1),
Wis. Stats., § NR 135.32, Wis. Adm. Code, and § 60.22,
Wis. Stats.
In this article, terms shall mean the following:
ABANDONMENT OF OPERATIONS
The cessation of nonmetallic mining operations for more than
360 consecutive days where the cessation is not specifically set forth
in an operator's application, operation or reclamation plan or
permit or by other written request deemed sufficient by the Town.
"Abandonment of operations" does not include the cessation of activities
due to labor strikes or natural disasters.
ENLARGEMENT
Any horizontal or vertical increase beyond dimensions of
the original application for the project site and shall be subject
to the diminishing assets rule.
ENVIRONMENTAL POLLUTION
The contaminating or rendering unclean or impure the air,
land or waters of the state or making the same injurious to public
health, harmful for commercial or recreational use, or deleterious
to fish, bird, animal or plant life.
MODIFICATION
Any vertical or horizontal increase or decrease within the
dimensions of the original application for the project site.
NONMETALLIC MINING or NONMETALLIC MINING OPERATION
Operations or activities for the extraction from the earth
for sale or use by the operator of mineral aggregates such as stone,
sand, gravel and nonmetallic minerals such as asbestos, beryl, clay,
feldspar, peat, talc and topsoil-related operations or activities
such as excavation, grading or dredging if the purpose of those operations
or activities is the extraction of mineral aggregates and nonmetallic
minerals and related processes such as crushing, screening, scalping,
dewatering and blending. "Nonmetallic mining" or "nonmetallic mining
operation" does not include or allow the following activities or uses
by way of illustration, which include but are not limited to manufacture
of concrete building blocks or other similar products, asphalt or
hot blacktop mixing and production of ready-mix concrete.
NONMETALLIC MINING REFUSE
Waste soil, rock, mineral, liquid, vegetation and other waste
material resulting from a nonmetallic mining operation. This term
does not include merchantable by-products resulting directly from
or displaced by the nonmetallic mining operation.
NONMETALLIC MINING SITE or PROJECT SITE or SITE
The location where a nonmetallic mining operation is proposed
to be conducted or is conducted, including all surface areas from
which minerals are removed, related storage and processing areas,
areas where nonmetallic mining refuse is deposited, and areas disturbed
by the nonmetallic mining operation by activities such as the construction
or improvement of roads or haulageways.
OPERATOR
Any person who is engaged in a nonmetallic mining operation
or nonmetallic mining site reclamation or who applies for or holds
a nonmetallic mining permit issued under a nonmetallic mining reclamation
ordinance, whether individually, jointly or through subsidiaries,
agents, employees, contractors or subcontractors.
PARTIES IN INTEREST
The owner and operator of a proposed or existing nonmetallic
mining site and all owners of property located within 1,000 feet of
the boundaries of a proposed or existing nonmetallic mining site.
PERMIT
Any permit which may be required under this article of an
operator as a condition precedent to commencing or continuing nonmetallic
mining at a project site.
PERSON
An individual, owner, operator, corporation, limited liability
company, partnership, association, county, municipality, interstate
agency or federal agency.
RECLAMATION
The rehabilitation of a nonmetallic mining site, including,
but not necessarily including, and not limited to, removal of nonmetallic
mining refuse, grading of the site, replacement of topsoil, stabilization
of soil conditions, establishment of vegetative cover, control of
surface water and groundwater, prevention of environmental pollution,
construction of fences and, if practical, restoration of plant, fish
and wildlife habitat.
REPLACEMENT OF TOPSOIL
The replacement of the topsoil which was removed and disturbed
by a nonmetallic mining operation or the provision and placement of
soil which is at least as adequate, in the opinion of the Town, as
the topsoil which was removed or disturbed for the purposes of providing
adequate vegetative cover and stabilization of soil conditions.
RIPRAP
A quantity of durable stones or concrete pieces of varying
size and shape, placed as a protective layer over soil in such a manner
that the smaller pieces fill the spaces between the larger pieces.
Concrete pieces are less desirable than stones for this use, and those
with exposed reinforcing rods shall not be used.
TOPSOIL
That material (normally the A and upper part of the B horizon)
which, based upon the official national cooperative soil survey, is
acceptable for respreading on the surface of regraded areas to provide
a medium which sustains a dense plant growth capable of preventing
wind and water erosion of the topsoil and other materials beneath.
TOWN
The Town of Ledgeview.
This article is applicable to all nonmetallic mining sites within the Town of Ledgeview and as provided in § NR 135.02(1) and (2), Wis. Adm. Code, except where exempt as provided by §
131-6. This article applies to any portion of a nonmetallic mining site, including unreclaimed portions of a site, which was mined prior to the effective date of this article.
This article does not apply to the following activities:
A. Excavations or grading by a person solely for domestic or farm use
at his or her residence or farm.
B. Excavations or grading conducted for the construction, reconstruction,
maintenance or repair of highway, railroad, airport facility, or any
other transportation facility where the excavation or grading is entirely
within the property boundaries of the transportation facility.
C. Grading conducted for preparing a construction site or restoring
land following a flood or natural disaster.
D. Excavations for building construction purposes conducted on the building
site.
E. Any mining operation, the reclamation of which is required in a permit
obtained under Ch. 293, Wis. Stats.
F. Any activities conducted at a soil or hazardous waste disposal site
required to prepare, operate or close a solid waste disposal facility
under Ch. 289 or a hazardous waste disposal facility under Ch. 291,
Wis. Stats.; provided, however, that section applies to activities
related to solid or hazardous waste disposal which are conducted at
a nonmetallic mining site separate from the solid or hazardous waste
disposal facility such as activities to obtain nonmetallic minerals
to be used for lining, capping, covering or constructing berms, dikes
or roads.
G. Any nonmetallic mining site or portion of a site which is subject
to permit and reclamation requirements of the Department of Natural
Resources under §§ 30.19, 30.195 and 30.20, Wis. Stats.,
and which complies with Ch. NR 340, Wis. Adm. Code.
H. Nonmetallic mining at nonmetallic mining sites where less than one
acre of total affected acreage occurs over the life of the mine.
I. Excavations subject to the permit and reclamation requirements of
§§ 30.30 and 30.31, Wis. Stats.
J. Any other exemption pursuant to § NR 135.02(3) Wis. Adm.
Code.
The permit shall be subject to the provisions and requirements
of §§ 295.11 to 295.20, Wis. Stats.
All nonmetallic mining operations existing at the effective
date of this article shall, within 30 days of said effective date
of this article, be provided with a copy of this section via certified
mail. Within 90 days of their receipt of this section, operators of
existing nonmetallic mining operations shall submit the necessary
plans to bring said operation into conformity with this article. Such
period may be extended for an additional 90 days upon review and approval
by the Town Board of said written request for extension. Pending the
receipt and review of a timely submitted application by the Town Board,
the operation shall be permitted to continue the existing nonmetallic
mining operation at the site for which an application was submitted.
If a permit is denied, the applicant shall cease nonmetallic mining
operations at such site; however, the applicant shall be given a reasonable
period of time for the processing and removal of existing materials
and/or stockpiles.
The application for an initial permit or renewal permit requiring
a public hearing under this article shall be accompanied by a fee
as set from time to time by resolution of the Town Board. An application
for a renewal permit under this article, for which no public hearing
is required, shall be accompanied by a fee in the amount set from
time to time by resolution of the Town Board.
The Town Board or its designee may enter the premises of a nonmetallic
mining site in the performance of its or their official duties, or
pursuant to a special inspection warrant issued under § 66.122,
Wis. Stats., in order to inspect the premises to act on any application
hereunder, to ascertain compliance with the nonmetallic mining reclamation
ordinance and permit, or to investigate any alleged violation. It
shall be a condition of a permit issued hereunder that, upon request,
such person shall be granted access to the premises during hours of
operation for purposes of any such inspection, provided that applicable
safety laws, rules and regulations are adhered to.