In order to obtain a permit under Article V, all operators of nonmetallic mining sites subject to this chapter shall prepare and submit to the county a reclamation plan that meets the requirements of this section. Existing reclamation plans may be submitted to satisfy the requirements of this section, including those previously approved by the Town.
A.
Plan standards. Reclamation plans shall comply with the standards of Article II. Plan view maps shall be at a scale of one inch equals no more than 100 feet and meet national map accuracy standards for the scale to which drawn.
B.
Existing site information. The reclamation plan shall include information
sufficient to describe the existing natural and physical conditions
of the site, including, but not limited to:
(1)
Plan view maps of the nonmetallic mining site, including:
(a)
Property boundaries and dimensions;
(b)
Delineation, labeling and measurement (in acres) of the general
use of each area on the site;
(c)
The distribution, thickness and type of topsoil;
(d)
The approximate elevation of groundwater; as determined by existing
hydrogeologic information. In specific instances where the existing
hydrogeologic information is insufficient for purposes of the reclamation
plan, the applicant may supplement the information with the opinion
of a licensed professional geologist or hydrologist;
(e)
The location of surface waters;
(f)
Existing topography using contour lines at five-foot intervals
where existing topographic maps have been prepared prior to August
1, 2000, and two-foot intervals for all maps prepared after August
1, 2000;
(g)
The existing drainage patterns; and
(h)
Shoreland, floodplain, wetland and environmental corridor boundaries.
(2)
Available information on biological resources, plant communities,
and wildlife use at and adjacent to the proposed or operating mine
sites.
(3)
Location of man-made features on or near the site.
(4)
For proposed mines, the plan view map under Subsection B(1) shall also show the location and extent of land previously affected by nonmetallic mining activities, including but not limited to the location of stockpiles, wash ponds and sediment basins.
(5)
The county may require that a licensed hydrogeologist be retained by the operator to help develop recommendations that will ensure reclamation plans comply with groundwater standards under § 357-14.
(6)
Topsoil or topsoil substitute material, if required to support revegetation
needed for reclaiming the site to approved post-mining land use, can
be identified using county soil surveys or other available information,
including that obtained from a soil scientist or the University of
Wisconsin soil science extension agent or other available information
resources.
C.
Post-mining land use.
(1)
The reclamation plan shall specify a proposed post-mining land use
for the site. The proposed post-mining land use shall be consistent
with local land use plans and local zoning at the time the plan is
submitted, unless a change to the land use plan or zoning is proposed.
The county may require documentation from the applicable municipality
to assist in determining compliance with this requirement. The proposed
post-mining land use shall also be consistent with all applicable
local, state, or federal laws in effect at the time the plan is submitted.
(2)
Land used for nonmetallic mineral extraction in areas zoned under
an exclusive agricultural use ordinance pursuant to § 91.38,
Wis. Stats., shall be restored to agricultural use.
D.
Reclamation measures. The reclamation plan shall include a description
of the proposed reclamation, including methods and procedures to be
used and a proposed schedule and sequence for the completion of reclamation
activities for various stages of reclamation of the nonmetallic mining
site. The following information shall be included:
(1)
A description of the proposed earthwork and reclamation, including final slope angles, highwall reduction, benching, terracing and other structural slope stabilization measures and, if necessary, a site-specific engineering analysis performed by a registered professional engineer as provided by § 357-16.
(2)
The methods of topsoil or topsoil substitute material removal, storage,
stabilization and conservation that will be used during reclamation.
(3)
A plan view map which shows existing and planned topography, using
contour lines at two-foot intervals, of the reclaimed site and any
water impoundments or artificial water bodies needed to support the
anticipated future land use of the site.
(4)
A plan or map which shows surface structures, roads and related facilities
after the cessation of mining.
(5)
The estimated quantities and installed costs (using county or industry
averages) for fill, topsoil, topsoil substitute material, erosion
control and other materials needed for reclamation for each stage
of the project or the entire site if reclamation staging is not planned.
(6)
A revegetation plan which shall include timing and methods of seed
bed preparation, rates and kinds of soil amendments, seed application
timing, methods and rates, mulching, netting and any other techniques
needed to accomplish soil and slope stabilization.
(7)
Quantifiable standards for revegetation adequate to show that a sustainable
stand of vegetation has been established which will support the approved
post-mining land use. Standards for revegetation may be based on the
percent vegetative cover, productivity, plant density, diversity or
other applicable measures.
(8)
A plan and narrative showing erosion control measures to be employed
during reclamation activities, including a description of how reclamation
activities will be conducted to minimize erosion and pollution of
surface water and groundwater.[1]
(9)
A description of any areas which will be reclaimed on an interim basis sufficient to qualify for the waiver of fees pursuant to Article X and which will be subsequently disturbed prior to final reclamation. Descriptions shall include an identification of the proposed areas involved and methods of reclamation to comply with the standards in Article II.
(10)
A schedule outlining the completion dates for all interim and
final reclamation.
(11)
A description of how the reclamation plan addresses the long-term
safety of the reclaimed mining site. The description shall include
a discussion of site-specific safety measures to be implemented at
the site and include measures that address public safety with regard
to adjacent land uses.
E.
Reclamation measures for building sites. For building sites where the sale or use of nonmetallic materials is not considered incidental to the project, as determined by the county, the reclamation plan must describe contingency reclamation measures to be used, in accordance with the standards under Article II, if the proposed building plans are canceled subsequent to excavation commencing.
F.
Criteria for assessing completion of successful reclamation. The
reclamation plan shall specify criteria for assessing when reclamation
is complete and, therefore, when the financial assurance may be released.
Criteria to evaluate reclamation success shall be quantifiable. Success
of revegetation shall be determined by the following:
G.
Certification of reclamation plan.
(1)
The operator shall provide a signed certification to the county that
reclamation will be carried out in accordance with the proposed reclamation
plan.
(2)
The operator shall provide the county with written documentation that the landowner or lessor, if different from the operator, concurs with the reclamation plan and will allow its implementation, except as provided in Subsection G(3). Written documentation shall be in the form of a signed statement by the landowner or lessor which authorizes the operator to carry out the reclamation plan.
(3)
The operator is not required to submit written certification in accordance with Subsection G(1) and (2) if the following conditions are met:
(a)
The operator provides to the county written evidence that the
landowner and lessee, if different from the operator, have been provided
with a written copy of the reclamation plan; and
The operator shall keep a copy of the reclamation plan approved
under this article at the mine site or, if not practicable, at the
operator's place of business nearest to the site.
