No person may engage in nonmetallic mining or in nonmetallic mining reclamation without possessing a nonmetallic mining reclamation permit issued pursuant to the applicable reclamation ordinance, unless the activity is specifically exempted in § 176-7A or B, or Subsection B of the definition of "nonmetallic mining site" in § 176-10.
A.
Required submittal. All operators of nonmetallic mining sites shall
apply for a reclamation permit from the City of Franklin. All applications
for reclamation permits under this section shall be accompanied by
the following information:
(1)
A brief description of the general location and nature of the nonmetallic
mine.
(2)
A legal description of the property on which the nonmetallic mine
is located or proposed, including the parcel identification number.
(3)
The names, addresses and telephone numbers of all persons or organizations
who are owners or lessors of the property on which the nonmetallic
mining site is located.
(4)
The name, address and telephone number of the person or organization
who is the operator.
B.
Reclamation permit application contents. The operator of any nonmetallic
mine site shall submit an application that meets the requirements
specified below to the City of Franklin.
(4)
A certification that the operator will provide, as a condition of the reclamation permit, financial assurance as required by § 176-14 upon granting of the reclamation permit and before mining begins.
(5)
To avoid duplication, the permit application and submittals required
under this subsection may, by reference, incorporate existing plans
or materials that meet the requirements of this chapter.
A.
Reclamation plan required. All operators of nonmetallic mining sites subject to this chapter shall prepare and submit a reclamation plan that meets the following requirements. All operators who conduct or plan to conduct nonmetallic mining shall submit to the City of Franklin a reclamation plan that meets all of the following requirements and complies with the reclamation standards of Article II.
B.
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)
Maps of the nonmetallic mining site, including the general location,
property boundaries, the aerial extent, geologic composition and depth
of the nonmetallic mineral deposit, the distribution, thickness and
type of topsoil, the location of surface waters and the existing drainage
patterns, and 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.
(2)
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.
(3)
Information available to the mine operator on biological resources,
plant communities, and wildlife use at and adjacent to the proposed
or operating mine sites.
(4)
Existing topography as shown on contour maps of the site at two-foot
contour intervals to be specified by the regulatory authority.
(5)
Location of man-made features on or near the site.
(6)
For proposed nonmetallic mining sites that include previously mined
areas, a plan view drawing showing the location and extent of land
previously affected by nonmetallic mining, including the location
of stockpiles, wash ponds and sediment basins.
C.
Post-mining land use.
(1)
The reclamation plan shall specify a proposed post-mining land use
for the nonmetallic mine 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 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 Subchapter III
of Chapter 91, Wisconsin Statutes, 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 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 § 176-11E(1) or (2).
(2)
The methods of topsoil or topsoil substitute material removal, storage,
stabilization and conservation that will be used during reclamation.
(3)
A plan or map which shows anticipated topography of the reclaimed
site and any water impoundments or artificial lakes 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 cost of 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, if necessary, a narrative showing erosion control measures
to be employed during reclamation activities. These shall address
how reclamation activities will be conducted to minimize erosion and
pollution of surface and groundwater.
(9)
A description of any areas which will be reclaimed on an interim basis sufficient to qualify for the waiver of fees pursuant to § 176-29B and D if the regulatory authority decides to release financial assurance for such areas pursuant to § 176-29D(3) as authorized by Section NR 135.41(4), Wisconsin Administrative Code, and release of financial assurance pursuant to § 176-29C, and which will be subsequently disturbed prior to final reclamation. Descriptions shall include an identification of the proposed areas involved, methods of reclamation to comply with the standards in Article II and timing of interim and final reclamation.
(10)
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 shall include measures that address public safety with
regard to adjacent land uses.
E.
Criteria for successful reclamation. The reclamation plan shall contain criteria for assuring successful reclamation in accordance § 176-11H.
F.
Certification of reclamation plan. The operator shall provide a signed
certification that reclamation will be carried out in accordance with
the reclamation plan. If the operator does not own the land, the landowner
or lessor, if different from the operator, shall also provide signed
certification that he or she concurs with the reclamation plan and
will allow its implementation.
G.
Existing plans and approvals. To avoid duplication of effort, the
reclamation plan required by this section may, by reference, incorporate
existing plans or materials that meet the requirements of this chapter.
H.
Approval of reclamation plan. The City of Franklin shall approve, conditionally approve or deny the reclamation plan submitted under this section in writing in accordance with § 176-16B for mines that apply for a reclamation permit in conformance with § 176-12. Conditional approvals of reclamation plans shall be made according to § 176-16E, and denials of reclamation plans shall be made pursuant to § 176-17. The operator shall keep a copy of the reclamation plan approved under this subsection at the mine site or, if not practicable, at the operator's nearest place of business.
A.
Financial assurance requirements. All operators of nonmetallic mining
sites in the City of Franklin shall prepare and submit a proof of
financial assurance that meets the following requirements:
(1)
Notification. The regulatory authority shall provide written notification to the operator of the amount of financial assurance required under Subsection A(3).
(2)
Filing. Following approval of the nonmetallic mining reclamation
permit, and as a condition of the permit, the operator shall file
a financial assurance with the City of Franklin. The financial assurance
shall provide that the operator shall faithfully perform all requirements
in this chapter, an applicable reclamation ordinance and the reclamation
plan. Financial assurance shall be payable exclusively to the City
of Franklin. In cases where one or more other regulatory authorities
regulate a nonmetallic mining site, all financial assurance shall
be made payable to the City of Franklin only if it currently has primary
regulatory responsibility.
(3)
Amount and duration of financial assurance. The amount of financial
assurance shall equal as closely as possible the cost to the City
of Franklin of hiring a contractor to complete either final reclamation
or progressive reclamation according to the approved reclamation plan.
The amount of financial assurance shall be reviewed periodically by
the City of Franklin to assure it equals outstanding reclamation costs.
Any financial assurance filed with the City of Franklin shall be in
an amount equal to the estimated cost for reclaiming all sites the
operator has under project permits. The City of Franklin may accept
a lesser initial amount of financial assurance, provided that the
permittee initiates a process to continuously increase the amount
of financial assurance until it is adequate to affect reclamation.
An escrow account may be established that is based on production gross
sales and serves to provide regular payments to an account that is
designed to grow to the amount necessary to guarantee performance
of reclamation by the expected time of final reclamation. The period
of the financial assurance is dictated by the period of time required
to establish the post-mining land use declared and approved of in
the reclamation plan. This may extend beyond the permit if required
to accomplish successful and complete implementation of the reclamation
plan.
(4)
Form and management. Financial assurance shall be provided by the
operator and shall be by a bond or an alternate financial assurance.
Financial assurance shall be payable to the City of Franklin and released
upon successful completion of the reclamation measures specified in
the reclamation plan. Alternate financial assurances may include,
but are not limited to, cash, certificates of deposits, irrevocable
letters of credit, irrevocable trusts, established escrow accounts,
demonstration of financial responsibility by meeting net worth requirements,
or government securities. Any interest from the financial assurance
shall be paid to the operator. Certificates of deposit shall be automatically
renewable or other assurances shall be provided before the maturity
date. Financial assurance arrangements may include, at the discretion
of the City of Franklin, a blend of different options for financial
assurance, including a lien on the property on which the nonmetallic
mining site occurs or a combination of financial assurance methods.
(5)
Multiple projects. Any operator who obtains a permit from the City
of Franklin for two or more nonmetallic mining sites may elect, at
the time the second or subsequent site is approved, to post a single
financial assurance in lieu of separate financial assurance instruments
for each nonmetallic mining site. When an operator elects to post
a single financial assurance in lieu of separate financial assurances
for each mining site, no financial assurances previously posted on
individual mining sites shall be released until the new financial
assurance has been accepted by the City of Franklin.
(6)
Multiple jurisdictions. In cases where more than one regulatory authority
has jurisdiction, a cooperative financial security arrangement may
be developed and implemented by the regulatory authorities to avoid
requiring the permittee to prove financial assurance with more than
one regulatory authority for the same nonmetallic mining site. Financial
assurance is required for each site and two or more sites of less
than one acre by the same operator, except that governmental units
are not required to obtain financial assurance.
(7)
Certification of completion and release.
(a)
The operator shall notify the regulatory authority, by filing
a notice of completion, at the time that he or she determines that
reclamation of any portion of the mining site or the entire site is
complete. The City of Franklin shall inspect the mine site or portion
thereof that was the subject of the notice of completion to determine
if reclamation has been carried out in accordance with the approved
reclamation plan. The City of Franklin may partially release the financial
assurance if it determines that compliance with a portion of the reclamation
plan has been achieved and requires no waiting period. After determining
that reclamation is complete, the City of Franklin shall issue a certificate
of completion and shall release the financial assurance or appropriately
reduce the financial assurance in the case of reclamation of a portion
of the mining site.
(b)
The City of Franklin shall make a determination of whether or not the certification in Subsection A(7)(a) can be made within 60 days that the request is received.
(c)
The City of Franklin may make a determination under this subsection
that:
(9)
Cancellation. The financial assurance shall provide that it may not
be cancelled by the surety or other holder or issuer except after
not less than a ninety-day notice to the City of Franklin, in writing,
by registered or certified mail. Not less than 30 days prior to the
expiration of the ninety-day notice of cancellation, the operator
shall deliver to the City of Franklin a replacement proof of financial
assurance. In the absence of this replacement financial assurance,
all mining shall cease until the time it is delivered and in effect.
(10)
Changing methods of financial assurance. The operator of a nonmetallic mining site may change from one method of financial assurance to another. This may not be done more than once a year unless required by an adjustment imposed pursuant to Subsection A(12). The operator shall give the City of Franklin at least 60 days' notice prior to changing methods of financial assurance and may not actually change methods without the written approval of the City of Franklin.
(11)
Bankruptcy notification. The operator of a nonmetallic mining
site shall notify the regulatory authority by certified mail of the
commencement of voluntary or involuntary proceeding under the Bankruptcy
Code, 11 U.S.C. § 101 et seq., naming the operator as debtor,
within 10 days of commencement of the proceeding.
(12)
Adjustment of financial assurance. Financial assurance may be
adjusted when required by the City of Franklin. The City of Franklin
may notify the operator in writing that adjustment is necessary and
the reasons for it. The City of Franklin may adjust financial assurance
based upon prevailing or projected interest or inflation rates, or
the latest cost estimates for reclamation.
(13)
Net worth test.
(a)
Only an operator that meets the definition of "company" in Section
289.41(1)(b), Wisconsin Statutes, may use the net worth method of
providing financial assurance.
(b)
The operator shall submit information to the regulatory authority
in satisfaction of the net worth test requirements of Section 289.41(4),
Wisconsin Statutes. The criteria in Sections 289.41(6)(b), (d), (e),
(f), (g), (h) and (i), Wisconsin Statutes, shall apply.
(c)
An operator using the net worth test to provide financial assurance
for more than one mine shall use the total cost of compliance for
all mines in determining the net worth to reclamation cost ratio in
accordance with Section 289.41(6), Wisconsin Statutes.
(d)
Determination under the net worth test shall be done in accordance
with Section 289.41(5), Wisconsin Statutes.
(e)
In addition, the operator shall submit a legally binding commitment
to faithfully perform all compliance and reclamation work at the mine
site that is required under this chapter.
C.
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.
A.
Reclamation plan hearing. The City of Franklin shall provide public
notice and the opportunity for a public informational hearing as set
forth below:
(1)
Public notice.
(a)
When the City of Franklin receives an application to issue a reclamation permit, it shall publish a public notice of the application no later than 30 days after receipt of a complete application that satisfies § 176-12.
(b)
The notice shall briefly describe the mining and reclamation
planned at the nonmetallic mining site. The notice shall be published
as a Class 1 notice pursuant to Section 985.07(1), Wisconsin Statutes,
in the official newspaper of the City of Franklin. The notice shall
mention the opportunity for public hearing pursuant to this section
and shall give the locations at which the public may review the application
and all supporting materials, including the reclamation plan.
(c)
Copies of the notice shall be forwarded by the City of Franklin
to the county or applicable municipal zoning board, the county and
applicable local planning organization, the county land conservation
officer, and owners of land within 300 feet of the boundaries of the
parcel or parcels of land on which the site is located.
(2)
Hearing. The City of Franklin shall provide for an opportunity for
a public informational hearing on an application or request to issue
a nonmetallic mining reclamation permit as follows:
(a)
If it conducts a zoning-related hearing on the nonmetallic mine
site, the City of Franklin shall provide the opportunity at this hearing
to present testimony on reclamation-related matters. This opportunity
shall fulfill the requirement for public hearing for a nonmetallic
mining reclamation permit required by this section. The City of Franklin
shall consider the reclamation-related testimony in the zoning-related
hearing in deciding on a permit application pursuant to this chapter.
(b)
Informational hearing.
[1]
If there is no opportunity for a zoning-related hearing on the nonmetallic mine site as described in Subsection A(2)(a), opportunity for public hearing required by this section shall be provided as follows. Any person residing within, owning property within, or whose principal place of business is within 300 feet of the boundary of the parcel or parcels of land in which the nonmetallic mining site is located or proposed may request a public informational hearing. The City of Franklin shall hold a public hearing if requested by any of these persons within 30 days of the actual date of public notice under Subsection A(1). This public informational hearing shall be held no sooner than 30 days nor later than 60 days after being requested. The hearing shall be conducted as an informational hearing for the purpose of explaining and receiving comment from affected persons on the nature, feasibility and effects of the proposed reclamation. The procedures specified for citizen comment periods under Chapter 19 of this Code, excepting the fifteen-minute limitation, shall apply to such hearing. An informational hearing shall be held by the Plan Commission unless otherwise directed by the Common Council.
[2]
The subject matter and testimony at this informational hearing
shall be limited to reclamation of the nonmetallic mine site.
A.
Permit required. No person may engage in nonmetallic mining or nonmetallic mining reclamation in the City of Franklin without first obtaining a reclamation permit issued under this section, except for nonmetallic mining sites that are exempt from this chapter under § 176-7A or B, or Subsection B of the definition of "nonmetallic mining site" in § 176-10.
B.
Permit issuance. Applications for reclamation permits for nonmetallic mining sites that satisfy § 176-12 shall be issued a reclamation permit or otherwise acted on as provided below.
(2)
The City of Franklin may not issue an approval without prior or concurrent approval of the reclamation plan that meets the requirements of § 176-13. The regulatory authority may issue a reclamation permit subject to the conditions in Subsection E, if appropriate. The permit decision shall be made no sooner than 30 days nor later than 90 days following receipt of the complete reclamation permit application that meets the requirements in § 176-13, unless a public hearing is held pursuant to § 176-15. If a public hearing is held, the regulatory authority shall issue the reclamation permit, subject to conditions pursuant to Subsection E, if appropriate, or shall deny the permit as provided in § 176-17, no later than 60 days after completing the public hearing.
C.
Automatic permit for local transportation-related mines.
(1)
The City of Franklin shall automatically issue an expedited permit
under this subsection to any borrow site that:
(a)
Will be opened and reclaimed under contact with a municipality
within a period not exceeding 36 months;
(b)
Is a nonmetallic mine which is intended to provide stone, soil,
sand or gravel for the construction, reconstruction, maintenance or
repair of a highway, railroad, airport facility or other transportation
facility under contract with the municipality;
(c)
Is regulated and will be reclaimed under contract with the municipality
in accordance with the requirements of the Wisconsin Department of
Transportation concerning the restoration of nonmetallic mining sites;
(d)
Is not a commercial source;
(e)
Will be constructed, operated and reclaimed in accordance with
applicable zoning requirements, if any; and
(f)
Is not otherwise exempt from the requirements of this chapter under § 176-7B(10).
(2)
In this subsection, "municipality" has the meaning defined in Section
299.01(8), Wisconsin Statutes.
(3)
Automatic permits shall be issued under this subsection in accordance
with the following provisions:
(a)
The applicant shall notify the City of Franklin of the terms
and conditions of the contract with respect to reclamation of the
proposed borrow site.
(b)
The applicant shall provide evidence to the City of Franklin
to show that the borrow site and its reclamation will comply with
applicable zoning requirements, if any.
(c)
The City of Franklin shall accept the contractual provisions incorporating requirements of the Wisconsin Department of Transportation in lieu of a reclamation plan under § 176-13.
(d)
The City of Franklin shall accept the contractual provisions in lieu of the financial assurance requirements in § 176-14.
(e)
The public notice and hearing provisions of § 176-15 do not apply to nonmetallic mining sites that are issued automatic permits under this subsection.
(f)
Mines permitted under this subsection shall pay an annual fee to the City of Franklin as provided in § 176-27, but shall not be subject to the plan review fee provided in § 176-26. The total annual fee, including the share of the Department of Natural Resources, shall not exceed the amount specified in the City of Franklin Nonmetallic Mining Reclamation Fees Schedule on file in the Office of the Franklin Department of City Development.
(g)
The City of Franklin shall issue the automatic permit within
seven days of the receipt of a complete application.
(h)
If the borrow site is used to concurrently supply materials
for other than the local transportation project, the automatic permitting
in this subsection still applies, provided the site will be reclaimed
under a contractual obligation with the municipality in accordance
with the Wisconsin Department of Transportation requirements.
D.
Expedited review. Any operator of a nonmetallic mining site may request expedited review of a reclamation permit application under Subsection D(1) or (2) as follows:
(1)
The operator may submit a request for expedited permit review with payment of the expedited review fee specified in § 176-26B. This request shall state the need for such expedited review and the date by which such expedited review is requested.
(2)
The operator may submit a request for expedited review under this
subsection if the applicant requires a reclamation permit to perform
services under contract with a municipality. This request for expedited
review shall state the need for expedited review and shall include
a copy of the applicable sections of the contract and the date by
which the expedited review is requested.
E.
Permit conditions. Any decision under this section may include conditions
as provided below:
(1)
The City of Franklin may issue a reclamation permit or approve a
reclamation plan subject to general or site-specific conditions if
needed to assure compliance with the nonmetallic mining reclamation
requirements of this chapter. The approvals may not include conditions
that are not related to reclamation.
An application for a nonmetallic mining reclamation permit shall
be denied as set forth below:
A.
An application to issue a nonmetallic mining reclamation permit shall be denied, within the time frame for permit issuance specified in § 176-16, if the City of Franklin finds any of the following:
(1)
The applicant has, after being given an opportunity to make corrections,
failed to provide to the City of Franklin an adequate permit application,
reclamation plan, financial assurance or any other submittal required
by Chapter NR 135, Wisconsin Administrative Code, or this chapter.
(2)
The proposed nonmetallic mining site cannot be reclaimed in compliance
with the reclamation standards contained in Chapter NR 135, Wisconsin
Administrative Code, or Subchapter I of Chapter 295, Wisconsin Statutes.
(3)
Serious violations.
(a)
The applicant, or its agent, principal or predecessor, has,
during the course of nonmetallic mining in Wisconsin within 10 years
of the permit application or modification request being considered,
shown a pattern of serious violations of this chapter or of federal,
state or local environmental laws related to nonmetallic mining reclamation.
(b)
The following may be considered in making this determination
of a pattern of serious violations:
[1]
Results of judicial or administrative proceedings involving
the operator or its agent, principal or predecessor.
[2]
Suspensions or revocations of nonmetallic mining reclamation
permits pursuant to this chapter, other reclamation ordinances or
Chapter NR 135, Wisconsin Administrative Code.
[3]
Forfeitures of financial assurance.
(4)
A denial under this subsection shall be in writing and shall contain
documentation of reasons for denial.
A.
Scope of alternative requirements approvable. An operator of a nonmetallic mining site may request an alternative requirement to the reclamation standard established in § 176-11. The City of Franklin may approve an alternative requirement to the reclamation standards established in this chapter if the operator demonstrates and the City of Franklin finds that all of the following criteria are met:
(1)
The nonmetallic mining site, the surrounding property or the mining
plan or reclamation plan has a unique characteristic which requires
an alternative requirement.
(2)
Unnecessary hardship which is peculiar to the nonmetallic mining
site or plan will result unless the alternative requirement is approved.
(3)
Reclamation in accordance with the proposed alternative requirement
will achieve the planned post-mining land use and long-term site stability
in a manner that will not cause environmental pollution or threaten
public health, safety or welfare.
B.
Procedures.
(2)
The City Common Council, after the review and recommendation of the Quarry Monitoring Committee, and a public informational hearing before and the review and recommendation of the Plan Commission, may approve an alternative requirement if it makes the findings required by Subsection A. If the Quarry Monitoring Committee does not deliver its recommendation to the Common Council within 45 days of the date of the filing of the operator's complete written request, the Common Council may make its determination without receiving such recommendation. If the Plan Commission does not hold the public hearing and deliver its recommendation to the Common Council within 45 days of the date of the filing of the operator's complete written request, the Common Council may hold the public hearing and make its determination without receiving such recommendation. The public hearing shall be preceded by a Class 1 notice under Chapter 985, Wisconsin Statutes. The Common Council shall make its determination no later than 90 days after the receipt by the City of the operator's complete written request for an alternate requirement. The Common Council shall consider the request pursuant to its rules of procedure as are set forth under § 19-6 et seq.
(3)
A request for an alternative requirement may be incorporated as part
of an application to issue or modify a nonmetallic mining reclamation
permit.
C.
Transmittal of decision on request for alternative requirement. The
decision on a request for alternate reclamation requirements shall
be in writing to the applicant and shall include documentation of
why the alternate requirement was or was not approved.
D.
Notice to Wisconsin Department of Natural Resources. The City of Franklin shall provide notice to the Wisconsin Department of Natural Resources as set forth in this subsection. Written notice shall be given to the Wisconsin Department of Natural Resources at least 10 days prior to any public hearing held under Subsection B on a request for an alternate requirement under this section. A copy of any written decision on alternative requirements shall be submitted to the Wisconsin Department of Natural Resources within 10 days of issuance.
A nonmetallic mining reclamation permit issued under this chapter
shall be transferred to a new owner or operator upon satisfaction
of the following conditions:
A.
A nonmetallic mining reclamation permit may be transferred to a new
operator upon submittal to the City of Franklin of proof of financial
assurance and a certification in writing by the new permit holder
that all conditions of the permit will be complied with.
B.
The transfer is not valid until financial assurance has been submitted
by the new operator and accepted by the City of Franklin and the City
of Franklin makes a written finding that all conditions of the permit
will be complied with. The previous operator shall maintain financial
assurance until the new operator has received approval and provided
the financial assurance under this section.
For any nonmetallic mining site which had a reclamation permit previously issued by the City pursuant to Chapter NR 135, Wisconsin Administrative Code, that becomes subject to reclamation permitting authority of any other regulatory authority, the terms and conditions of the previously issued municipal reclamation permit shall remain in force until modified by that regulatory authority pursuant to § 176-23A.
Any permitting decision or action made by the City of Franklin
under this chapter may be reviewed as set forth in this section. Notwithstanding
Sections 68.001, 68.03(8) and (9), 68.06 and 68.10(1)(b), Wisconsin
Statutes, any person who meets the requirements of Section 227.42(1),
Wisconsin Statutes, may obtain a contested case hearing under Section
68.11, Wisconsin Statutes, on the City of Franklin's decision
to issue, deny or modify a nonmetallic mining reclamation permit.
