[HISTORY: Adopted by the Common Council of the City of Marion 7-22-1993 as Secs. 7-8-1
to 7-8-6 of the 1993 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Blasting and rock crushing — See Ch. 273.
This chapter is adopted pursuant to Ch. 295, Subchapter I, Wis.
Stats., and Ch. NR 135, Wis. Adm. Code, which are adopted by reference
and made a part of this chapter as if fully set forth herein. In the
event of a conflict between this chapter and the state regulations,
the state regulations shall control.
Terms used in this chapter shall be defined as provided in § 295.11,
Wis. Stats.
This chapter shall apply to any portion of a nonmetallic mining
site, including unreclaimed portions of a site which were mined prior
to the effective date of this chapter.
This chapter shall not apply to the following activities:
A.
Excavations or grading by a person solely for domestic use at his
or her residence.
B.
Excavation or grading conducted for highway construction purposes
within the highway right-of-way.
C.
Grading conducted for farming, preparing a construction site or restoring
land following a flood or natural disaster.
D.
Excavations for building construction purposes.
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 solid or hazardous waste disposal site required to prepare, operate or close a solid waste disposal facility under Ch. 289, Wis. Stats., or a hazardous waste disposal facility under Ch. 291, Wis. Stats., but this chapter may apply 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.
A.
Permit required. No person shall operate any nonmetallic mining site
or operation within the City unless he obtains a nonmetallic mining
permit from the Common Council. The fee for such permit shall be set
by the Common Council, plus any actual City administrative expenses,
payable by certified check. Operators of existing nonmetallic mining
operations shall apply for such permit within 30 days of the effective
date of this chapter.[1]
B.
Required permit information. An application for a nonmetallic mining
permit shall be submitted by the operator and shall include:
(1)
An adequate description of the operation, including a legal description
of the property;
(2)
A plan of the site showing the proposed and existing roads and drives
and the sources, quantity and disposition of water to be used, if
any;
(3)
Estimated dates for completion of the extraction and commencement
and completion dates for the reclamation;
(4)
A reclamation plan and such other information as may be necessary
to determine the nature of the operation and the effect on the surrounding
area;
(5)
Methods of screening from adjacent properties;
(6)
Hours of operation;
(7)
Dust and noise control;
(8)
Maximum depth;
(9)
Blasting procedures;
(10)
Location and height of stockpiles; and
(11)
Such other information the Common Council deems pertinent to
the operation.
C.
Reclamation plan. The reclamation plan shall contain adequate provision
that:
(1)
All final slopes around the area be flatter than a three-to-one horizontal
slope in a sand, gravel or borrow pit operation or in a safe angle
of repose in a quarrying operation.
(2)
Excavations below the grade of the nearest abutting public street
or highway shall be set back from the street or highway a distance
not less than that required for buildings and structures in the same
zoning district.
(3)
Excavations made to a water-producing depth shall be not less than
three feet measured from the low-water mark.
(4)
All final slopes shall be covered with adequate topsoil and seeded
to prevent erosion.
(5)
The plan shall require that, after completion of the anticipated
operation, the area shall be cleared of all debris and be left in
a workmanlike condition, subject to the approval of the Common Council.
(6)
There is a timetable for completion of various stages of reclamation
of the nonmetallic mining site.
D.
Applications. All applications for a permit hereunder shall be made
in writing upon the written form provided by the City and distributed
by the City Clerk-Treasurer. All applications for permits hereunder
shall be signed by the applicant and filed with the City Clerk-Treasurer
at least 60 days prior to the permit period. The Clerk-Treasurer shall
immediately refer all applications for a permit hereunder to the Common
Council for public hearing and approval. The operator shall receive
written notice of the public hearing. The permit shall be for a period
of time as stated in the application or as modified by the Council.
Modification of the application or reclamation plan may be permitted
or additional conditions may be required upon application. The Council
shall consider the effect of the operation and the proposed reclamation
upon existing and future conditions, including streets, neighboring
land development, land use, drainage, water supply, water pollution,
air pollution, soil erosion, natural beauty and land value of the
locality. The Council may approve, approve conditionally or reject
the application and reclamation plan.[2]
E.
Financial assurance. Before a permit and reclamation plan are approved
by the Common Council, the operator shall submit an agreement and
performance bond or cash escrow agreement to assure the following:[3]
(1)
The operator shall pay for the cost of all improvements required
in the reclamation plan by the Common Council.
(2)
Guaranteed completion of the required reclamation within a period
determined by the Council.
(3)
Payment by the operator for all costs incurred by the City for review
and inspection. This would include preparation and review of plans
and specifications by the City Engineer and Attorney, as well as other
costs of a similar nature.
(4)
The City may elect to have stages of the reclamation plan performed
under the terms of a cash escrow agreement.
(5)
The required performance bond or cash escrow agreement shall be equal
to 1 1/4 times the City Engineer's estimated cost of the required
improvements.
(6)
If the required reclamation is not complete within the designated
period, all amounts held under the escrow agreement or performance
bond shall be turned over and delivered to the City and applied to
the cost of the required reclamation. Any balance remaining after
such reclamation has been done shall be returned to the operator.
The Common Council, at its option, may extend the bond period for
additional periods.
F.
Fences. Prior to reclamation, nonmetallic mining sites abutting areas
zoned residential shall be enclosed by a security fence of not less
than four feet in height. Fence gates shall be locked or secured when
the site is unattended so as to prevent uncontrolled access by children
to the site.
G.
Inspection. An authorized agent of the City may enter the premises
of a nonmetallic mining operation in the performance of his or her
official duties by permission of the property owner or operator or
pursuant to a special inspection warrant issued under § 66.0119,
Wis. Stats., in order to inspect those premises and to ascertain compliance
with this chapter.
H.
Prohibitions and orders. Nonmetallic mining operations within the
City are prohibited if the nonmetallic mining site cannot be reclaimed
in compliance with the standards of this chapter or if other requirements
of this chapter are not met.
If any permit is revoked, cancelled, rescinded or terminated,
the operator shall be given written notice of any charges or violations
against him or the reasons proposed for revocation and shall have
an opportunity to be heard before the Common Council.
