This chapter is adopted pursuant to § 295.14, Wis.
Stats., which is adopted by reference and made a part of this chapter
as if fully set forth herein.
The terms used in this chapter shall have the meanings 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. Excavations 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 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.
The reclamation plan shall contain adequate provision that:
A. 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.
B. 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.
C. Excavations made to a water-producing depth shall be not less than
three feet measured from the low-water mark.
D. All final slopes shall be covered with adequate topsoil and seeded
to prevent erosion.
E. 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 Village Board.
F. There is a timetable for completion of various stages of reclamation
of the nonmetallic mining site.
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.
An authorized agent of the Village 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.
Nonmetallic mining operations within the Village 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.
The Director of Public Works shall be responsible for the enforcement
of this chapter.
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 Village Board.