As used in this article, the following terms shall have the
meanings indicated:
A MINE SITE or SITE
Land from which mineral aggregates or nonmetallic minerals
will be extracted for sale or use by the operator and/or any land
on which is or will be located any structures, equipment, storage
facilities, stockpiles, washing, drying, dewatering, transfer, transload
or screening facilities, private roads, rail spurs or haulage ways
associated with nonmetallic mining operation; and all contiguous lands
to the nonmetallic mining operation under common ownership or control
of the owner or operator.
ADJOINING LANDOWNER
Any property within one mile of the proposed mine site regardless
of whether there is a residence or structure on the property.
LANDOWNER
The person or persons who have title to land in fee simple
or who holds a land contract for the land.
NONMETALLIC MINERALS
A product, commodity or material consisting principally of
naturally occurring, organic, inorganic, nonmetallic, nonrenewable
material. Nonmetallic minerals include but are not limited to stone,
rock, sand, gravel, asbestos, beryl, diamond, clay, coal, feldspar,
peat and talc.
NONMETALLIC MINING
Any or all of the following:
A.
Extraction from the earth of mineral aggregates or nonmetallic
minerals for off-site use or sale, including drilling and blasting
as well as associated activities such as excavation, grading and dredging
of such materials.
B.
Manufacturing or processing operations that may involve the
use of equipment for the crushing, screening, separation, drying,
dewatering, or blending of the mineral aggregates or nonmetallic minerals
obtained by extraction from the mining site or with materials transferred
from off site.
C.
Manufacturing processes aimed at producing nonmetallic products
for sale or use by the operator.
D.
Stockpiling of nonmetallic minerals or finished products for
sale or use off-site; and stockpiling of waste materials.
E.
Transport, transfer or transload of the extracted nonmetallic
minerals, finished products or waste materials to or from the extraction
site.
F.
Disposal of waste materials.
G.
Reclamation of the extraction site.
OPERATOR
Any person who is engaged in, or who has applied for a license
to engage in nonmetallic mining, whether individually, jointly or
through subsidiaries, agents, employees, contractors, or subcontractors.
TOWN
The Town of Hudson, in St. Croix County, Wisconsin.
TOWN BOARD
The Town Board of the Town of Hudson, in St. Croix County,
Wisconsin.
WASTE MATERIAL
The non-marketable byproduct that results directly from or
is displaced by extraction or that is a byproduct of a manufacturing
process that is scheduled for disposal at the extraction site or some
other site as part of a reclamation plan.
All applicants for a mining operator's license shall submit
a complete application form. Incomplete applications will be returned
to the applicant and review of the application will be put on hold.
Applicants shall submit all of the following information, including
any information not specifically requested on the application form
as attachments to the form:
A. Ownership information.
(1) The name, address, phone number(s), and e-mail address of the operator
of the nonmetallic mining operation.
(2) The name, address, phone number(s), and e-mail address of all owners
or lessors of the land on which the mining operation will occur.
(3) The operator shall designate a local contact person (either on site
or with an office in St. Croix County) who the Town can contact for
information or with concerns. Said contact person shall be available
by phone or in person during the hours the mine is in operation.
B. Site information and maps.
(1) A certified survey map(s), survey or other reasonably accurate and
complete map and parcel identification number(s) of the property on
which the nonmetallic mining operation will be located.
(2) An aerial photo of the proposed site at a scale of one inch equals
660 feet signed by both the operator and the landowner.
(3) The location within the site of all existing buildings and other
structures, equipment, stockpiles, storage and parking areas.
(4) A topographic map or maps of the mine site extending 3 1/2 miles
beyond the site boundaries at contour intervals no wider than 10 feet
showing the boundaries of the site, the location and total acreage
of the site, and the name of all roads within one mile of the site.
(5) A map on which all residential, agricultural and municipal wells
within 3 1/2 miles of the boundaries of the site in all directions
are marked and given a numerical identification of the location.
(6) The location and name of all surface waters, including lakes, private
or public ponds, streams (including intermittent streams and headwaters),
drainage ditches, wetlands, drainage patterns and other water features
on the site and within 3 1/2 miles of the site.
(7) A description of the distribution, depth and type of topsoil on the
site as well as the geological composition and depth and width of
the nonmetallic deposit.
(8) For manufacturing, drying, transfer, transload or processing facilities
within the Town, a map identifying the location of all other noncontiguous
sites within the Town of Hudson and any other municipality, if any,
that will contribute extracted material to the same manufacturing,
drying, transfer, transload or processing facility to which the site
for which the applicant seeks a license.
(9) A copy of the reclamation plan which has been submitted to the county;
in addition the applicant must submit any amendments or changes to
that plan which are made during the approval process. If the reclamation
plan is approved, a final copy of the reclamation plan must be provided.
C. Operation plan.
(1) Dates of the planned commencement and cessation of the operation.
(2) Description of mining methods, machinery and equipment to be used
for extraction and processing of the extracted material, and the sequence
of operations.
(3) Estimated volume of material to be extracted over the life of the
mine and for the next calendar year (or if the mine site is solely
a drying, processing, transload or transfer facility, the amount of
product that will pass through the site over the life of the site
and for the next calendar year).
(4) Location of road access points. The proposed location within the
site of all buildings and other structures, equipment, stockpiles,
storage and parking areas.
(5) Identification of all proposed off-site trucking routes, together
with the frequency of traffic and the common schedule of travel to
be used for transporting extracted materials or products to or from
the site.
(6) A water budget, including an estimate of the amount of daily water
use, water sources, and methods for disposing of water including methods
used for infiltration and control of runoff.
(7) A listing of any hazardous materials, including fuel supplies that
will be stored on site and a description of measures to be used for
securing and storing these materials.
(8) A listing of all chemicals and approximate quantities used in the
manufacturing or processing operations or in controlling dust. Note:
If the operator desires to change or add chemicals, the Town Board
must be notified in advance of any such change or addition.
D. Information demonstrating compliance with minimum standards.
(1) The operator shall provide the information necessary to demonstrate that the mining operation will comply with the minimum standards in §
56-7.
(2) For mining operations commencing after the effective date of this
article, the operator shall also provide information establishing
baseline conditions at the site before mining operations commence,
including the groundwater elevation across the site, groundwater quality
at the site for lead, arsenic and any other toxic metal that may reasonably
be believed to be present in the area or in the type of deposit from
which the extraction will be made, and the base flow of surface water
within 3 1/2 miles of the site.
E. Special exceptions. The applicant can request a special exception
from the application requirements of this section if it can demonstrate
that the information required can be provided by alternative means
or is not necessary for an evaluation of the particular mining operation,
and that the public health, safety and welfare will not be adversely
affected thereby.
The Town Board may grant a license to mine if the applicant
can demonstrate that the following minimum standards of operation
will be met:
A. General standards.
(1) The operator shall stake or otherwise mark the borders of the entire
site and shall secure the site by fencing or other appropriate measures.
(2) The operator shall demonstrate compliance with all of the other provisions
of this article.
(3) No blasting or "bumping" shall occur without special permission by
Town Board, or the operator shall have obtained a blasting permit
from the Town pursuant to the Town's Blasting Ordinance if one has
been enacted.
(4) The operator shall demonstrate that all other applicable federal,
state and local permits and approvals required for the nonmetallic
mining operation have been or will be obtained prior to commencement
of operation.
(5) The operator shall minimize backup alarm sounds as much as possible,
and use "white noise" backup alarms to the extent permitted under
federal and state regulations.
(6) No Jake braking of trucks entering and leaving the mine site. Operator
shall inform all truck drivers and any independent contractors that
they must comply with the "no Jake braking" rule and all other applicable
traffic codes. If a trucker disregards this notice, the operator shall
take steps to correct the action or stop using any such trucking company
that refuses to comply.
(7) The operator shall meet at least annually with the Town at a regular
April Town Board meeting (or a special Town Board meeting at the Town
Board's discretion) regarding operations and possible issues.
(8) The operator shall contact the Town Chairperson as soon as possible
and no later than within two hours, in the event of hazardous chemical
or waste spills, leaks or contamination of any kind or in the event
of a release of any chemical, dust or particles above levels permitted
by applicable regulations.
(9) The operator shall provide notice to the Town of Hudson of any notices
of violation, citations, or other enforcement actions taken by any
other governmental body against the mining operation within the Town.
(10) The operator shall undertake reasonable efforts to perform reclamation
as an ongoing process to provide for as small a footprint of the actual
operating mine as possible.
B. Standards regarding off-site impacts.
(1) The operator shall undertake all measures necessary for the control
of surface water runoff from nonmetallic mining operations in order
to prevent pollution and erosion of sediment onto neighboring properties,
surface water and groundwater, and shall also comply with the standards
for erosion control under Ch. NR 216 and Ch. NR 151, Wis. Adm. Code,
as applicable.
(2) In the event that the mine site contains areas adjacent to the nonmetallic
mining operations that are being used for agricultural, commercial
or residential purposes, the operator shall undertake all measures
necessary to control surface water runoff from those areas from entering
mining operations or otherwise causing contamination of surface water
and groundwater.
(3) The operator shall provide a buffer area of a minimum of 75 feet
along bordering property lines and 100 feet along public roadways.
(4) The operator shall screen the mining operations from public view
to the maximum extent practicable through the use of berms, additional
setbacks or other measures. Prior to construction, the Town shall
be consulted on the analysis and configuration of berm construction
and placement.
(5) The operator shall limit normal hours of operations to 12 hours a
day Monday through Friday during daylight hours and not later than
6:00 p.m. to minimize off-site impacts to residents. The operator
may submit a plan for extended hours as a special exception or as
part of a mining agreement, if it can demonstrate that additional
hours are reasonably necessary for the mining operation and it would
be consistent with public health, safety and welfare.
(6) The operator shall obtain a current bus schedule from all school
districts which operate regular bus runs on any roads used by the
trucks. The operator shall ensure that trucks from the mining site
shall not interfere with the safety of children being taken or returned
from school, or the safety of residents and commuters at times when
traffic volume from commuters going to and from work is highest.
(7) The operator shall limit night lighting on site to that which is
minimally necessary for security and, wherever possible, shall be
shielded from illuminating off-site areas. Every effort consistent
with legal requirements for aerial safety shall be made to minimize
illumination of the night sky. Upon written complaint of light pollution
made to the Town Board, the Town shall notify the operator, which
shall take steps to mitigate the light pollution by redirecting the
lighting and taking other reasonable steps to address the complaint.
(8) The operator shall utilize all relevant dust control measures specified
in § NR 415.075, Wis. Adm. Code.
(9) The operator shall control off-site noise levels to the maximum extent
practicable.
(10) The operator will comply, and cause its contractors and employees
to comply, with the seasonal spring special weight restriction imposed
upon Town roads for the approximate six-week period beginning in March.
(11) The operator must meet the air quality standard of three micrograms
per cubic meter of respirable crystalline silica (as established by
the California OEHHA) at the boundary of the mine. The operator must
meet the EPA particle size standards PM 10 and, PM 2.5 at the boundary
of the mine site. At the operator's expense, the site must have a
minimum of four automatic and continuous monitors, installed and properly
functioning, strategically located on the borders of the mine site,
with monthly readings from the monitors collected by an independent
service. Data from those readings must be given to the Town and posted
on a web site designated by the Town. The Town may, at its discretion,
order additional collections of readings by the designated independent
source at any time it deems it necessary to protect the health and
safety of the public.
C. Standards regarding groundwater and surface water.
(1) Impacts to groundwater quality.
(a)
Mining operations shall have at least one monitoring well for
every ten-acre sector of the mine site, and the operator shall take
quarterly samples for lead, arsenic and any other toxic metal that
may reasonably be believed to be present in the area or in the type
of deposit from which the extraction will be made. The Town shall
be provided with copies of the results of the quarterly sampling as
well as any other reports generated as a result of the monitoring
well.
(b)
Mining operations shall not cause an exceedance of groundwater
quality standards in Ch. NR 140, Wis. Adm. Code.
(2) Impacts to groundwater quantity.
(a)
Mining operations shall not extract materials at a depth below
the point that is 10 feet above the groundwater table.
(b)
Mining operations shall not cause a significant reduction in the quantity of groundwater available for reasonable use by current users within 3 1/2 miles of the mine site. A significant reduction is a drop in the water table that results in a substantial adverse impact on a private well including but not limited to the inability of a well to provide water on a continuous basis. See §
56-11 of this article for further details.
(3) Impacts to surface water base flow. Mining operations shall not cause
a lowering of the groundwater table that results in adverse effects
on surface waters within 3 1/2 miles of the mine site, including
but not limited to, a reduction of water in streams and tributaries
to or below base flows established prior to the beginning of mining
operation.
(4) Impacts to surface water use. Mining operations shall not cause a
lowering of the groundwater table that results in adverse effects
on surface waters which serve as a critical source of water for agricultural
or municipal functions such as fire protection. Adverse effects include
but are not limited to a reduction of water in streams and tributaries
to or below base flows established prior to the beginning of mining
operation.
(5) Stormwater management. Operator shall repair any damage to, and remove
sediment from, any private property, or town roads, ditches and other
drainage ways when the operator is found responsible by the Town for
such sediment or damage caused by runoff from the mine site for any
reason, including but not limited to heavy rains and/or snowmelt runoff.
D. Hazardous materials.
(1) All hazardous chemicals shall be stored, used and disposed of in
accordance with applicable state and federal law.
(2) The operator shall not dispose of waste materials containing any
hazardous chemicals in toxic amounts, or residuals declared to be
hazardous by a government agency in toxic amounts on site or in the
Town of Hudson, except in accordance with applicable state and federal
law and with prior approval of the Town Board.
(3) The operator shall have a plan for responding to spills of any hazardous
materials on the site. Said plan shall be given to the Town prior
to commencing operations, and shall be updated any time any change
or addition is made to any hazardous materials used on the site.
E. Special exceptions.
(1) The operator can request a special exception from the Town Board
from the minimum standards of this section if it can demonstrate that
the intent of this article can be achieved by the use of alternative
measures and that the public health, safety and welfare will not be
adversely affected thereby.
(2) The Town Board can impose requirements in addition to or exceeding
the minimum standards if it has evidence that the public health safety
and welfare will not be adequately protected without the imposition
of additional measures.
Any of the provisions of this article, including the license
term, may be modified by agreement between the Town and the operator
if the Town Board determines that the agreement provides protections
for the public that are the substantial equivalent to those of this
article.