[HISTORY: Adopted by the Board of Supervisors of Washington
County by Ord. No. 2001-12 (Ch.
18 of the 1998 Code). Amendments noted where applicable.]
A.
Title: "Nonmetallic Mining Reclamation Ordinance for Washington County."
B.
Purpose and intent. The purpose of this chapter is to adopt and implement
effective reclamation requirements for nonmetallic mining sites in
Washington County, in compliance with Ch. NR 135, Wis. Adm. Code and
Subch. I of Ch. 295, Wis. Stats. This chapter is not intended to relax,
impair or interfere with any existing reclamation requirements that
have been established for nonmetallic mines through local zoning regulations
prior to the effective date of this chapter, adopted June 19, 2001,
consistent with the public health, safety and welfare findings set
forth in Ch. NR 135, Wis. Adm. Code and the general standards set
forth in § 295.12(2), Wis. Stats. This chapter is also not
intended to interfere with or alter any existing zoning rules or regulations
relating to the location, operation or end land use of a nonmetallic
mining facility.
[Amended by Ord. No. 2016-11]
C.
Statutory authority. This chapter is adopted under authority of § 295.13(1),
Wis. Stats., § NR 135.32, Wis. Adm. Code, and § 59.51,
Wis. Stats.
D.
Abrogation and other restrictions adopted under other authority.
This chapter is not intended to repeal, abrogate, annul, impair or
interfere with any existing laws, rules, regulations, ordinances or
permits not concerning nonmetallic mining reclamation previously adopted
pursuant to other Wisconsin law.
E.
Interpretation. The interpretation and application of the provisions
of this chapter shall be held to be the applicable requirements for
nonmetallic mining reclamation and shall not be deemed a limitation
or repeal of any other power granted by the Wisconsin Statutes outside
the reclamation requirements for nonmetallic mining sites required
by Subch. I of Ch. 295, Wis. Stats., and Ch. NR 135, Wis. Adm. Code.
Where any provision or requirements of this chapter are determined
to be inconsistent or conflicting, the more restrictive requirements
or interpretation shall apply. Where a provision of this chapter is
required by Wisconsin Statutes, or by Ch. NR 135, Wis. Adm. Code,
and where the provision of this chapter is unclear, the provision
shall be interpreted to be consistent with the Wisconsin Statutes
and the provisions of Ch. NR 135, Wis. Adm. Code.
F.
Severability. Should any portion of this chapter be adjudged unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this chapter shall not be affected.
G.
Jurisdiction. The provisions of this chapter shall apply to all incorporated
and unincorporated lands within the jurisdictional boundaries of Washington
County where the local governing authority has not adopted similar
provisions or entered into an intergovernmental agreement with Washington
County for ordinance administration services.
H.
Applicability.
[Amended by Ord. No. 2006-29; Ord. No. 2007-4; Ord. No. 2016-11]
(1)
The requirements of this chapter shall apply to all nonmetallic mining
sites and operators of nonmetallic mining sites within the County,
except for the following:
(b)
Sites located entirely within a city, village or town that has
adopted similar ordinance provisions approved by the Wisconsin Department
of Natural Resources pursuant to § 295.14, Wis. Stats.,
and § NR 135.32(2), Wis. Adm. Code.
(2)
The requirements of this chapter apply to nonmetallic mining conducted by or on behalf of the State of Wisconsin, by or on behalf of a county, municipality or for the benefit or use of the state or any state agency, board, commission or department, except for requirements exempted in § 265-1I and those requirements relating to financial assurance under § 265-4.
I.
Exemptions. This chapter does not apply to the following:
(1)
Nonmetallic sites or portions thereof not used for nonmetallic mining
or purposes related to nonmetallic mining after August 1, 2001.
(2)
Areas previously mined but used after August 1, 2001, for a nonmining
activity, such as stockpiles of materials used for an industrial process
unrelated to nonmetallic mining.
(3)
Nonmetallic mining at a site or portions thereof subject to permit
and reclamation requirements of the Wisconsin Department of Natural
Resources under §§ 30.19, 30.195 or 30.20, Wis. Stats.,
and complies with Ch. NR 340, Wis. Adm. Code.
(4)
Excavations subject to the permit and reclamation requirements of
§§ 30.30 or 30.31, Wis. Stats.
(5)
Excavations or grading by a person solely for domestic or farm use
at that person's residence or farm.
(6)
Excavations or grading conducted for the construction, reconstruction,
maintenance or repair of a highway, railroad, airport facility, or
any other transportation facility where the excavation or grading
is entirely within the property boundaries of the transportation facility.
(7)
Grading conducted for preparing a construction site or restoring
land following a flood or natural disaster.
(8)
Excavations for building construction purposes conducted on the building
site where the removal or sale of nonmetallic materials from the site
is determined by the County to be incidental to the project and an
approved site stabilization plan has been approved as a condition
of a building permit.
(9)
Nonmetallic mining at nonmetallic mining sites where less than one
acre of total affected acreage occurs over the life of the mine.
(10)
Any mining operation, the reclamation of which is required in
a permit obtained under Ch. 293, Wis. Stats.
(11)
Any activities 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., that are conducted
on the property where the facility is located. This exemption does
not apply to off-site mining activities such as activities to obtain
nonmetallic minerals to be used for lining, capping, covering or constructing
berms, dikes or roads.
(12)
Nonmetallic mining conducted to obtain stone, soil, sand or
gravel for construction, reconstruction, maintenance or repair of
a highway, railroad, airport, or any other transportation facility
or part thereof, subject to the following provisions:
(a)
The nonmetallic mining operation is subject to the requirements
of the Wisconsin Department of Transportation concerning the reclamation
of the nonmetallic mining site;
(b)
The Wisconsin Department of Transportation is actively enforcing
reclamation requirements, and the operator reclaims the nonmetallic
mining site in accordance with these requirements;
(c)
The purpose of the nonmetallic mining operation is limited to
supplying nonmetallic minerals to the transportation project;
(d)
The duration of the exemption shall be specific to the length
of the Wisconsin Department of Transportation contract for construction
of a specific transportation project and duration;
(e)
Sites under Subsection I(10) used to concurrently supply materials for projects unrelated to the Wisconsin Department of Transportation project. The exemption in this subsection still applies, provided that the site is fully reclaimed under Wisconsin Department of Transportation contract and supervision.
(13)
Dredging for navigational purposes, to construct or maintain
farm drainage ditches, to maintain water depth in an existing pond
or stormwater management facility and for the remediation of environmental
contamination and the disposal of spoils from these activities.
(14)
Areas previously mined but used after August 1, 2001, for a
nonmining activity, such as stockpiling of materials used for an industrial
activity such as an asphalt plant, concrete batch plant, block and
tile operation or other industry that uses products produced from
nonmetallic mining.
J.
Administration. This chapter shall be administered by the Washington
County Planning and Parks Department.
[Amended by Ord. No. 2006-29]
K.
ALTERNATIVE REQUIREMENT
BORROW SITE
CONTEMPORANEOUS RECLAMATION
COUNTY
ENVIRONMENTAL POLLUTION
EXISTING MINE
FINANCIAL ASSURANCE
HIGHWALL
INTERMITTENT MINING
LANDOWNER
LICENSED PROFESSIONAL GEOLOGIST
MUNICIPALITY
NONMETALLIC MINERAL
NONMETALLIC MINING or MINING
(1)
(2)
NONMETALLIC MINING RECLAMATION or RECLAMATION
NONMETALLIC MINING REFUSE
NONMETALLIC MINING SITE or SITE
(1)
(2)
(3)
(4)
(5)
(6)
OPERATOR
PERSON
REGISTERED PROFESSIONAL ENGINEER
REGULATORY AUTHORITY
(1)
(2)
(3)
REPLACEMENT OF TOPSOIL
SOLID WASTE
TOPSOIL
TOPSOIL SUBSTITUTE MATERIAL
UNRECLAIMED ACRE or UNRECLAIMED ACRES
Definitions. For the purposes of administering and enforcing this
chapter, the terms or words used herein shall be interpreted as commonly
used unless a specific definition is provided. Words used in the present
tense include the future; words used in the singular number shall
include the plural number; words in the plural number include the
singular number. The word "shall" is mandatory, not permissive. The
following terms used in this chapter mean:
[Amended by Ord. No. 2006-29; Ord. No. 2007-4]
An alternative to the reclamation standards of this chapter provided through a written authorization granted by Washington County pursuant to § 265-2J.
An area outside of a transportation project site from which
stone, soil, sand or gravel is excavated for use at the project site,
except the term does not include commercial sources.
The sequential or progressive reclamation of portions of
the nonmetallic mining site affected by mining operations performed
in advance of final site reclamation, but which may or may not be
final reclamation, performed to minimize the area exposed to erosion,
at any one time, by nonmetallic mining activities.
Washington County or the Washington County Planning and Parks
Department.
Has the meaning in § 295.11(2), Wis. Stats.
A nonmetallic mine where nonmetallic mining takes place before
August 1, 2001.
A commitment of funds or resources by an operator to satisfy the requirements in § 265-4 and is sufficient to cover all costs relating to reclamation activities required by this chapter.
A vertical or nearly vertical face in solid rock or a slope
of consolidated or unconsolidated material that is steeper than 3:1.
The temporary cessation of mining activities on a nonmetallic
mining site or a portion or portions of a nonmetallic mining site.
The person who has fee simple title to land or who holds
a land contract for the land. A landowner is not a person who owns
nonmetallic mineral rights to land, if a different person possesses
fee simple title to that land or holds a land contract for that land.
A person who is licensed as a professional geologist pursuant
to Ch. 470, Wis. Stats.
Any city, town or village.
A product, commodity or material consisting principally of
naturally occurring, organic or inorganic, nonmetallic, nonrenewable
material. Nonmetallic minerals include, but are not limited to, stone,
sand, gravel, asbestos, beryl, diamond, clay, coal, feldspar, peat,
talc and topsoil.
All of following:
Operations or activities at a nonmetallic mining site for the
extraction from the earth of mineral aggregates or nonmetallic minerals
for sale or use by the operator. Nonmetallic mining includes use of
mining equipment or techniques to remove materials from the in-place
nonmetallic mineral deposit, including but not limited to drilling,
blasting, excavating, grading and dredging. Nonmetallic mining does
not include removal from the earth of products or commodities that
contain only minor or incidental amounts of nonmetallic minerals,
such as commercial sod, agricultural crops, ornamental or garden plants,
forest products, trees or plant nursery stock.
Processes carried out at a nonmetallic mining site that are
related to the preparation or processing of the mineral aggregates
or nonmetallic minerals obtained from the nonmetallic mining site.
These processes include, but are not limited to, stockpiling of materials,
blending mineral aggregates or nonmetallic minerals with other mineral
aggregates or nonmetallic minerals, blasting, grading, crushing, screening,
scalping and dewatering.
The rehabilitation of a nonmetallic mining site to achieve
a land use specified in a nonmetallic mining reclamation plan approved
under this chapter, including removal or reuse of nonmetallic mining
refuse, grading of the nonmetallic mining site, removal, storage and
replacement of topsoil, stabilization of soil conditions, reestablishment
of vegetative cover, control of surface water and groundwater, prevention
of environmental pollution and, if applicable, the restoration of
plant, fish and wildlife habitat.
Waste soil, rock and mineral, as well as other natural site
material resulting from nonmetallic mining. Nonmetallic mining refuse
does not include marketable by-products resulting directly from or
displaced by the nonmetallic mining that are scheduled to be removed
from the nonmetallic mining site within a reasonable period of time
after extraction.
All contiguous areas where present or proposed mining activities
are conducted, including the following:
The location where nonmetallic mineral extraction is proposed
or conducted.
Storage and processing areas that are in or contiguous to areas
excavated for nonmetallic mining.
Areas where nonmetallic mining refuse is deposited.
Areas affected by activities, such as the construction or improvement
of private roads or haulageways for nonmetallic mining.
Areas where grading or regrading is necessary to conduct nonmetallic
mining or to carry out an approved nonmetallic mining reclamation
plan.
Areas where nonmetallic mining reclamation activities are carried
out or structures needed for nonmetallic mining reclamation, such
as topsoil stockpile areas, revegetation test plots, or channels for
surface water diversion, are located.
Any person who is engaged in, or who has applied for a permit
to engage in, nonmetallic mining, whether individually, jointly or
through subsidiaries, agents, employees, contractors or subcontractors.
An individual, owner, operator, corporation, limited liability
company, partnership, association, county, municipality, interstate
agency, state agency or federal agency.
A person who is registered as a professional engineer pursuant
to §§ 443.04 and 443.09, Wis. Stats.
Any one of the following:
The County in which the nonmetallic mining site is located, that has an applicable reclamation ordinance under § 295.13, Wis. Stats., except where a municipality has adopted an applicable reclamation ordinance pursuant to Subsection (2) of this definition.
The municipality in which the nonmetallic mining site is located
and which has adopted an applicable reclamation ordinance under § 295.14,
Wis. Stats.
The department, in cases where a County mining reclamation program
is no longer in effect under § 295.14, Wis. Stats., but
only if there is no applicable reclamation ordinance enacted by the
municipality in which the nonmetallic mining site is located.
The replacement or redistribution of topsoil or topsoil substitute
material to all areas where topsoil was actually removed or affected
by nonmetallic mining for the purposes of providing adequate vegetative
cover and stabilization of soil conditions needed to achieve the approved
post-mining land use and as required by the reclamation plan approved
pursuant to this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
Any garbage, refuse, sludge from a waste treatment plant,
water supply treatment plant or air pollution control facility and
other discarded or salvageable materials, including solid, liquid,
semisolid or contained gaseous materials resulting from industrial,
commercial, mining and agricultural operations, and from community
activities, but does not include solids or dissolved material in domestic
sewage, or solid or dissolved materials in irrigation return flows
or industrial discharges which are point sources subject to permits
under Ch. 283, Wis. Stats., or source material, special nuclear material
or by-product material, as defined in § 254.31(1), Wis.
Stats.
The surface layer of soil which is generally more fertile
than the underlying soil layers, which is the natural medium for plant
growth and which can provide the plant growth, soil stability and
other attributes necessary to meet the success standards approved
in the reclamation plan.
Soil or other unconsolidated material either used alone or
mixed with other beneficial materials and which can provide the plant
growth, site stability and other attributes necessary to meet the
success standards approved in the reclamation plan.
Those areas in which nonmetallic mining has occurred after August 1, 2001, but which have not been reclaimed or certified as reclaimed under § 265-10C.
[Amended by Ord. No. 2016-11]
All nonmetallic mining sites subject to this chapter shall be
reclaimed in conformance with the regulatory standards contained below.
A.
General standards.
(1)
Refuse and other solid wastes. Nonmetallic mining refuse shall be
reused in accordance with a reclamation plan. Other solid wastes shall
be disposed of in accordance with applicable local ordinances and
administrative rules of the Wisconsin Department of Natural Resources
adopted pursuant to Chs. 289 and 291, Wis. Stats.
(2)
Area disturbed and contemporaneous reclamation. Nonmetallic mining
reclamation shall be conducted, to the extent practicable, to minimize
the area disturbed by nonmetallic mining and to provide for nonmetallic
mining reclamation of portions of the nonmetallic mining site while
nonmetallic mining continues on other portions of the nonmetallic
mining site.
(3)
Public health, safety and welfare. All nonmetallic mining sites shall
be reclaimed in a manner so as to comply with federal, state and local
regulations governing public health, safety and welfare.
(4)
Habitat restoration. When the post-mining land use requires plant,
fish or wildlife habitat, it shall be restored, to the extent practicable,
to a condition at least as suitable as that which existed before the
lands were affected by mining operations.
(5)
Compliance with environmental regulations. Reclamation of nonmetallic
mining sites shall comply with any other applicable federal, state
and local laws, including those related to environmental protection,
zoning and land use control.
B.
Surface water and wetlands protection. Nonmetallic mining reclamation shall be conducted and completed in a manner that assures compliance with the Wisconsin Department of Natural Resources water quality standards for surface waters and wetlands, contained in Chs. NR 102 to NR 105, Wis. Adm. Code. Before disturbing the surface of a nonmetallic mining site and removing topsoil, all necessary measures for diversion and drainage of runoff from the site to prevent pollution of waters of the state shall be installed in accordance with the reclamation plans approved pursuant to this chapter and provisions of Chapter 238, Erosion Control and Stormwater Management, of the Code of Washington County. Diverted or channelized runoff resulting from reclamation may not adversely affect neighboring properties.
C.
Groundwater protection.
(1)
Groundwater quantity. A nonmetallic mining site shall be reclaimed
in a manner that does not cause a permanent lowering of the water
table that results in adverse effects on surface waters or a significant
reduction in the quantity of groundwater reasonably available for
future users of groundwater.
(2)
Groundwater quality. Nonmetallic mining reclamation shall be conducted
in a manner which does not cause groundwater quality standards in
Ch. NR 140, Wis. Adm. Code, to be exceeded at a point of standards
application defined in that chapter.
D.
Topsoil management.
[Amended by Ord. No. 2007-4]
(1)
Removal. Topsoil and topsoil substitute material shall be provided
as specified in the approved reclamation plan in order to achieve
reclamation to the approved post-mining land use. Removal of on-site
topsoil and topsoil substitute material, when specified in the reclamation
plan, shall be performed prior to any mining activity associated with
any specific phase of the mining operation.
(2)
Volume. The operator shall obtain the volume of soil required to
perform final reclamation by removal of on-site topsoil or topsoil
substitute material or by obtaining topsoil or substitute material
as needed to make up the volume of topsoil as specified in the reclamation
plan approved pursuant to this chapter.
(3)
Storage. Once removed, topsoil or topsoil substitute material shall,
as required by the reclamation plan approved pursuant to this chapter,
either be used in contemporaneous reclamation or stored in an environmentally
acceptable manner. The location of stockpiled topsoil or topsoil substitute
material shall be chosen to protect the material from erosion or further
disturbance or contamination. Runoff water shall be diverted around
all locations in which topsoil or topsoil substitute material is stockpiled.
E.
Final grading and slopes.
[Amended by Ord. No. 2007-4]
(1)
All areas affected by mining shall be addressed in the approved reclamation plan, pursuant to § 265-3, to provide that a stable and safe condition consistent with the post-mining land use is achieved. The reclamation plan may designate highwalls or other unmined and undisturbed natural solid bedrock as stable and safe and not in need of reclamation or designate other areas affected by mining, including slopes comprised of unconsolidated materials that exceed a 3:1 slope, whether or not graded, as stable and safe. For slopes designated as stable under this subsection, the regulatory authority may require that either a site-specific engineering analysis be performed by a registered professional engineer to demonstrate that an acceptable slope stability factor is attainable at a steeper slope, or the operator perform a field test plot demonstration to demonstrate that a stable and safe condition will be achieved and that the post-mining land use specified in the reclamation plan will not be adversely affected.
(2)
Final reclaimed slopes covered by topsoil or topsoil substitute material may not be steeper than a 3:1 horizontal to vertical incline, unless found acceptable through one or more of the following: alternative requirements are approved under § 265-2J; steeper slopes are shown to be stable through a field plot demonstration approved as part of an approved reclamation plan; or stable slopes can be demonstrated based on site-specific engineering analysis performed by a registered professional engineer. All areas in the nonmetallic mine site where topsoil or topsoil substitute material is to be reapplied shall be graded or otherwise prepared prior to topsoil or topsoil substitute material redistribution to provide the optimum adherence between the topsoil or topsoil substitute material and the underlying material.
(3)
If the end land use of the mining area includes a permanent water
body, it must be constructed to conform with other applicable County
standards for artificially constructed water bodies.
F.
Topsoil redistribution for reclamation. Topsoil or topsoil substitute
material shall be redistributed in accordance with the reclamation
plan approved pursuant to this chapter in a manner which minimizes
compaction and prevents erosion. Topsoil or topsoil substitute material
shall be uniformly redistributed except where uniform redistribution
is undesirable or impractical. Topsoil or topsoil substitute material
redistribution may not be performed during or immediately after a
precipitation event until the soils have sufficiently dried.
G.
Revegetation and site stabilization.
(1)
Except for permanent roads or similar surfaces identified in the
reclamation plan approved pursuant to this chapter, all surfaces affected
by nonmetallic mining shall be reclaimed and stabilized by revegetation
or other means in accordance with the approved reclamation plan and
post-mining land use and shall be performed as soon as practicable
after mining activity has permanently ceased in any part of the mine
site.
(2)
In those cases where the post-mining land use specified in the reclamation
plan requires a return of the mining site to a premining condition,
the operator shall obtain baseline data on the existing plant community
for use in the evaluation of reclamation success pursuant to this
section.
(3)
Revegetation using a variety of plants indigenous to the area is
favored.
H.
Intermittent mining. Intermittent mining may be conducted, provided that the possibility of intermittent cessation of operations is addressed in an operator's reclamation permit, no environmental pollution or off-site sedimentation is occurring, and financial assurance for reclamation pursuant to § 265-4 is maintained, covering all remaining portions of the site that have been affected by nonmetallic mining and that have not been reclaimed.
I.
Maintenance. During the period of the site reclamation, after the
operator has stated that reclamation is complete but prior to release
of financial assurance, the operator shall perform any maintenance
necessary to prevent erosion, sedimentation or environmental pollution,
comply with the standards of this chapter, or to meet the goals specified
in the reclamation plan approved pursuant to this chapter.
J.
Alternative requirements. Alternatives to the standards under Subsection A through G may be requested and considered as set forth below.
(1)
Scope of approvable alternative requirements. An operator of a nonmetallic mining site may request an alternative requirement to the reclamation standard established in § 265-2. The County may approve an alternative requirement to the reclamation standards established in this chapter if the operator demonstrates and the County finds that all of the following criteria are met:
(a)
The nonmetallic mining site, the surrounding property or the
mining plan or reclamation plan has a unique characteristic which
requires an alternative requirement.
(b)
Unnecessary hardship unique to the nonmetallic mining site or
plan will result unless the alternative requirement is approved.
(c)
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.
(2)
Request procedures. A request for alternative requirements shall be in writing and submitted in conjunction with an application for a new or modified reclamation permit. The request shall describe how criteria under Subsection J(1) apply to the site.
(3)
Decisions. The County shall, within 30 days of receipt of the request, transmit, in writing, its decision to approve, conditionally approve or deny the request, based on its determination of compliance with the criteria under Subsection J(1). The written response shall include reasons why the request was or was not approved.
(4)
Notice to Wisconsin Department of Natural Resources. A copy of any
written decision by the County on alternative requirements shall be
submitted to the Wisconsin Department of Natural Resources within
10 days of issuance.
A.
Reclamation plan requirements. In order to obtain a permit under § 265-5, 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 a town, city, village or county.
[Amended by Ord. No. 2006-29; Ord. No. 2007-4; Ord. No. 2016-11]
(1)
Plan standards. Reclamation plans shall comply with the standards of § 265-2. 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.
(2)
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:
(a)
Plan view maps of the nonmetallic mining site, including:
[1]
Property boundaries and dimensions;
[2]
Delineation, labeling and measurement (in acres) of the general
use of each area on the site;
[3]
The distribution, thickness and type of topsoil;
[4]
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;
[5]
The location of surface waters;
[6]
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;
[7]
The existing drainage patterns; and
[8]
Shoreland, floodplain, wetland and environmental corridor boundaries.
(b)
Available information on biological resources, plant communities,
and wildlife use at and adjacent to the proposed or operating mine
sites.
(c)
Location of man-made features on or near the site.
(d)
For proposed mines, the plan view map under Subsection A(2)(a) 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.
(e)
The County may require that licensed hydrogeologist be retained by the operator to help develop recommendations that will ensure reclamation plans comply with groundwater standards under § 265-2C.
(f)
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)
Post-mining land use.
(a)
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.
(b)
Land used for nonmetallic mineral extraction in areas zoned
under an exclusive agricultural use ordinance pursuant to § 91.32(1),
Wis. Stats., shall be restored to agricultural use.
(4)
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:
(a)
A description of the proposed earthwork and reclamation, including final slope angles, high-wall 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 § 265-2E.
(b)
The methods of topsoil or topsoil substitute material removal,
storage, stabilization and conservation that will be used during reclamation.
(c)
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.
(d)
A plan or map which shows surface structures, roads and related
facilities after the cessation of mining.
(e)
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.
(f)
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.
(g)
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.
(h)
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.
(i)
A description of any areas which will be reclaimed on an interim basis sufficient to qualify for the waiver of fees pursuant to § 265-10 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 § 265-2.
(j)
A schedule outlining the completion dates for all interim and
final reclamation.
(k)
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.
(5)
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 § 265-2, if the proposed building plans are cancelled subsequent to excavation commencing.
(6)
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:
(7)
Certification of reclamation plan.
(a)
The operator shall provide a signed certification to the County
that reclamation will be carried out in accordance with the proposed
reclamation plan.
(b)
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 A(7)(c). 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.
(c)
The operator is not required to submit written certification in accordance with Subsection A(7)(a) and (b) if the following conditions are met:
[1]
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
A.
Financial assurance requirements. Operators of nonmetallic mining sites in the County, except as provided under § 265-4B, shall prepare and submit a proof of financial assurance as provided below:
[Amended by Ord. No. 2006-29; Ord. No. 2016-11]
(1)
Notification. The County 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 plan, and as a condition of issuing the permit, the operator shall submit the financial assurance to the County. The financial assurance shall provide that the operator shall faithfully perform all requirements in this chapter and the reclamation plan. Financial assurance shall be payable exclusively to the County, except as provided in Subsection A(6).
(3)
Amount and duration of financial assurance. The amount of financial assurance shall equal as closely as possible the cost to the County of hiring a contractor to complete either final reclamation or interim reclamation according to the approved reclamation plan for all sites the operator has under project permits. The County shall consider and may include the estimated costs under § 265-3A(4)(e) in determining the amount of the financial assurance. The County shall review periodically the amount of financial assurance to assure it equals outstanding reclamation costs. The County 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 effect reclamation. The period of the financial assurance is dictated by the duration of mining operations, including reclamation, and shall continue until such time that the County certifies final reclamation is complete.
(4)
Form and management. The form of financial assurance shall be subject
to approval by the County and payable to Washington County. Financial
assurance methods include, but are not limited to, cash, bond, certificates
of deposit, irrevocable letters of credit, irrevocable trusts, demonstration
of financial responsibility by meeting net worth requirements, or
government securities. Any earned interest from the financial assurance
shall be paid to the operator. Certificates of deposit and other assurances
with maturity dates shall be automatically renewable or other assurances
shall be provided to the County at least 30 days before their maturity
date.
(5)
Multiple projects. Any operator who obtains a permit from Washington
County 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 for multiple projects, no financial assurances
previously posted on individual mining sites shall be released until
the new financial assurance has been accepted by Washington County.
(6)
Multiple jurisdictions. In cases where the County and at least one
other unit of government has jurisdiction over a single mining site,
a cooperative financial security arrangement may be developed and
implemented, as provided in Ch. NR 135, Wis. Adm. Code.
(7)
Certification of completion and release. The operator shall provide written notification to the County that final reclamation of any portion of the mining site or the entire site is complete. The County shall inspect the mine site or portion thereof that was the subject of the notice of completion as set forth under § 265-10C and release or partially release financial assurance as set forth under § 265-10D.
(8)
Forfeiture. Financial assurance shall be forfeited if any of the
following occur:
(9)
Cancellation. Financial assurance shall provide that it may not be
canceled or otherwise expire by the surety or other holder or issuer
without a ninety-day written notice 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 County 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 Washington County at least 60 days' written notice prior to changing methods of financial assurance and may not actually change methods without the written approval of Washington County.
(11)
Bankruptcy notification. The operator of a nonmetallic mining
site shall notify the County by certified mail of the commencement
of voluntary or involuntary proceeding under bankruptcy code, 11 U.S.C.
et seq.,[1] naming the operator as debtor, within 10 days of commencement
of the proceedings, by providing a copy of the bankruptcy petition
and associated schedules.
[1]
Editor's Note: See 11 U.S.C. § 101 et seq.
(12)
Adjustment of financial assurance. Financial assurance may be
adjusted when required by the County. The County may notify the operator,
in writing, that adjustment is necessary and the reasons therefor.
The County 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 § 289.41(1)(b),
Wis. Stats., may use the net worth method of providing financial assurance.
(b)
The operator shall submit information to the County in satisfaction
of the net worth test requirements of § 289.41(4), Wis.
Stats. The criteria in § 289.41(6)(b), (d), (e), (f), (g),
(h) and (i), Wis. Stats., 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 § 289.41(6), Wis. Stats.
(d)
Determinations under the net worth test shall be done in accordance
with § 289.41(5), Wis. Stats.
(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.
B.
Public nonmetallic mining exempt. The financial assurance requirements
under this section do not apply to nonmetallic mining conducted by
the State of Wisconsin, a state agency, board, commission or department,
county or a municipality.
[Amended by Ord. No. 2007-4]
A.
Permit application required. 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 § 265-1I. All applications for permits under this section shall be submitted on a form provided by the County and shall include the following information:
[Amended by Ord. No. 2006-29]
(1)
A brief description of the general location and nature of the nonmetallic
mine.
(2)
An accurate legal description of the property on which the nonmetallic
mine is located or proposed, including the tax parcel identification
number(s).
(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, mailing address, electronic mail address and telephone
number of the person or organization who is the operator and the person
who is the primary contact of the reclamation plan.
B.
Required submittals. All operators of nonmetallic mining sites shall
submit the necessary application materials as set forth below:
[Amended by Ord. No. 2006-29; Ord. No. 2016-11]
(1)
Local transportation-related mines.
(a)
The operator of an existing or proposed nonmetallic mine meeting the following criteria shall apply for an automatic permit under Subsection B(1)(b):
[1]
It will be opened and reclaimed under contract with a municipality
within a period not exceeding 36 months;
[2]
It is a nonmetallic mine 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 a municipality;
[3]
It 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;
[4]
It does not provide nonmetallic mining materials to sources
outside of a municipal contract;
[5]
It will be constructed, operated and reclaimed in accordance
with applicable zoning requirements, if any; and
(b)
To request an automatic permit under this subsection, the applicant
shall submit the following:
[2]
Written documentation of the terms and conditions of the contract
with respect to reclamation of the proposed borrow site, including
a copy of the reclamation plan and the name, address and telephone
number of the person charged with oversight and enforcement of the
reclamation provisions;
[3]
Written evidence reflecting that the borrow site and its reclamation
is in compliance with applicable zoning requirements, if any; and
(2)
New mines. The operator of any nonmetallic mine site shall submit
all the items listed below to the County prior to beginning operations:
C.
Permit issuance.
[Amended by Ord. No. 2006-29; Ord. No. 2007-4; Ord. No. 2016-11]
(1)
Permit for new mines. Applications for reclamation permits submitted under Subsection B(2) shall be reviewed and processed in accordance with the following:
(a)
Within 30 days of receipt of all the required application materials,
the County shall:
[1]
Determine if the applicable requirements of this chapter have
been met;
[2]
Determine if there is a need for additional information, or
changes to the reclamation plans or other materials, to comply with
this chapter;
[3]
Determine if public notice is required pursuant to § 265-6 for previously approved reclamation plans that require changes to comply with this chapter; and
[4]
Notify the applicant of the results of the determinations under Subsection C(1)(a)[1] through , including what additional information or changes are needed. Notification shall be in written or electronic form, unless otherwise waived by the applicant.
(b)
If the County determines that all of the requirements of this chapter have been met, and no public notice is required under § 265-5C(1)(a)[3], all the submittals shall be approved by the County and a permit shall be issued upon compliance with the financial assurance provisions under § 265-4.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
(c)
If the County approves all the materials submitted and determines that a public informational hearing is required, the County shall publish a public notice and provide an opportunity for public hearing in accordance with § 265-6.
(e)
Notwithstanding Subsection C(2)(a), the County shall accept and approve existing reclamation plans that have been submitted to meet the requirements of this chapter, provided the following:
(f)
The County may approve the reclamation plan and other submittals
with conditions that it deems necessary to ensure compliance with
the requirements of this chapter.
(h)
The regulatory authority 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. One required condition of the issued permit shall be that the new mine obtain financial assurance pursuant to § 265-4 prior to beginning mining.
(2)
Automatic permit for local transportation-related mines. The following conditions and procedures shall apply to all permit applications received under Subsection B(2):
(a)
The County shall accept the contractual provisions incorporating requirements of the Wisconsin Department of Transportation in lieu of a reclamation plan under § 265-3.
(b)
The County shall accept the contractual provisions in lieu of the financial assurance requirements under § 265-4.
(c)
The public notice and hearing provisions of § 265-6 do not apply to nonmetallic mining sites that are issued automatic permits under this subsection.
(d)
Within seven days of receipt of the information under Subsection C(2)(a) and (b), the County shall determine if all of the conditions of this subsection have been met and shall notify the applicant of the results of this determination in written or electronic form. If all conditions have been met, the County shall issue an automatic permit. If all the conditions have not been met, any resubmittals shall be subject to the same time line for review.
(3)
Permit issuance. Unless the permit is denied pursuant to § 265-5E, the regulatory authority shall approve, in writing, an application submitted pursuant to § 265-5B(2) to issue a nonmetallic mining reclamation permit for a proposed nonmetallic mine. The regulatory authority may issue a reclamation permit, subject to conditions in § 265-5C(1)(h) 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 and reclamation plan that meets the requirements of § 265-3 pursuant to this chapter, unless a public hearing is held pursuant to § 265-6. If a public hearing is held, the regulatory authority shall issue the reclamation permit, subject to conditions pursuant to § 265-5C(1)(h) if appropriate, or shall deny the permit as provided in § 265-5E, no later than 60 days after completing the public hearing.
(4)
Cooperative issuance by multiple authorities. If more than one regulatory
authority has jurisdiction over a single new nonmetallic mining site,
the regulatory authorities shall cooperatively issue a single reclamation
permit for the new nonmetallic mining site. Any irresolvable issues
may be referred to the department under § NR 135.52, Wis.
Adm. Code.
D.
Expedited review.
(1)
Any permit applicant may request expedited review of a reclamation
permit application in accordance with the following:
(a)
The request for expedited permit review shall be submitted,
in writing, during the permit application process under this section,
stating the need for such expedited review and the date by which such
expedited review is requested; and
E.
Permit denial. An application for a nonmetallic mining reclamation
permit shall be denied as set forth below:
(1)
An application to issue a nonmetallic mining reclamation permit shall
be denied, within the time frames established under this section,
if the County finds any of the following:
(a)
The applicant has, after being given an opportunity to make
corrections, failed to provide to the County an adequate permit application,
reclamation plan, financial assurance or any other submittal required
by Ch. NR 135, Wis. Adm. Code, or this chapter.
(b)
The proposed nonmetallic mining site cannot be reclaimed in
compliance with the reclamation standards contained this chapter,
Ch. NR 135, Wis. Adm. Code, or Subch. I. of Ch. 295, Wis. Stats.
(c)
A pattern of serious violations, as follows:
[1]
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.
[2]
The following may be considered in making this determination
of a pattern of serious violations:
[a]
Results of judicial or administrative proceedings
involving the operator or its agent, principal or predecessor.
[b]
Suspensions or revocations of nonmetallic mining
reclamation permits pursuant to this chapter, other reclamation ordinances
or Ch. NR 135, Wis. Adm. Code.
[c]
Forfeitures of financial assurance.
(d)
A denial under this subsection shall be in writing and shall
provide the reasons for denial.
F.
Permit duration.
(1)
A nonmetallic mining reclamation permit issued under this chapter shall continue through operation and reclamation of the nonmetallic mining site, unless suspended or revoked pursuant to § 265-7B or after enforcement provisions of this chapter.
(2)
If the mine operator is not the landowner, the reclamation permit
duration shall not exceed the duration of the mine lease unless the
lease is renewed or the permit is transferred to a subsequent lessee
pursuant to the provisions of this chapter.
G.
Permit transfer. A nonmetallic mining reclamation permit issued under
this chapter may be transferred to a new owner or operator upon satisfaction
of the following conditions:
(1)
A nonmetallic mining reclamation permit may be transferred to a new
operator upon submittal to the County of proof of financial assurance
and a written certification by the proposed successor permit holder
that all conditions of the permit will be complied with.
(2)
The transfer is not valid until financial assurance has been submitted
by the new operator and accepted by the County and the County makes
a written finding that all conditions of the permit will be complied
with. The previous operator shall maintain financial assurance until
the successor operator has received approval and provided the financial
assurance under this section.
H.
Previously permitted sites. A nonmetallic mining site that becomes subject to reclamation permitting authority of the County after already being issued a reclamation permit pursuant to Ch. NR 135, Wis. Adm. Code, shall be subject to the terms and conditions of the previously issued permit until modified by the County pursuant to § 265-7A.
I.
Review. Any permitting decision or action made by the County under
this chapter may be reviewed as set forth in this section. Notwithstanding
§§ 68.001, 68.03(8) and (9), 68.06 and 68.10(1)(b),
Wis. Stats., any person who meets the requirements of § 227.42(1),
Wis. Stats., may obtain a contested-case hearing under § 68.11,
Wis. Stats., on the County's decision to issue, deny or modify a nonmetallic
mining reclamation permit.
A.
When required. A public notice and right of public hearing are required
as follows:
[Amended by Ord. No. 2006-29]
(2)
For existing mines where the County requires the submittal of a new
reclamation plan or significant changes to an existing, previously
approved plan.
B.
Procedures. The County shall provide public notice and the opportunity
for a public informational hearing as set forth below:
[Amended by Ord. No. 2007-4; Ord. No. 2016-11]
(1)
Public notice.
(a)
Within 30 days after the County has received all the application materials under § 265-5B, the County shall publish a Class 1 public notice pursuant to § 985.07(1), Wis. Stats., in the official newspaper of the County. The notice shall do all of the following:
[1]
Provide a brief description and location of the proposed nonmetallic
mining and reclamation planned;
[2]
Announce the date, time and place of any scheduled zoning hearing
where the public is offered the opportunity to submit comments to
the County concerning the reclamation plan. If no zoning hearing is
scheduled, the notice shall explain the procedures for requesting
a public hearing; and
[3]
Provide the location and times that the public may review the
reclamation plans that have been prepared to satisfy the requirements
of this chapter.
(b)
Copies of the notice shall be forwarded by the County to the
applicable municipal zoning board, the applicable local planning organization,
the County zoning administrator 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 County shall provide for an opportunity for a public
informational hearing on an application or request to issue a reclamation
permit, as follows:
(a)
If a zoning-related hearing is conducted on the mine site, the
County shall provide jointly the opportunity at this hearing for the
public to present testimony on reclamation-related matters. This joint
hearing shall fulfill the requirement for public hearing for a nonmetallic
mining reclamation permit required by this section. The County 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 joint reclamation and zoning-related hearing on the site as described in Subsection B(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 mining site is located or proposed may request a public informational hearing. The County shall hold a public informational hearing if requested by any of these persons within 30 days of the actual date of public notice under Subsection B(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.
[2]
The subject matter and testimony at this informational hearing
shall be limited to reclamation of the nonmetallic mine site.
A.
Permit modification. Modifications may be made to permits issued under § 265-5 according to the procedures set forth below.
(1)
By Washington County. A nonmetallic mining reclamation permit issued
under this chapter may be modified by the County if it finds that,
due to changing conditions, the nonmetallic mining site is no longer
in compliance with Ch. NR 135, Wis. Adm. Code, or this chapter. An
order may require the operator to amend or submit new application
information, reclamation plan, proof of financial assurance or other
information needed to ensure compliance with Ch. NR 135, Wis. Adm.
Code, or this chapter.
(2)
At the operator's option. If operator of any nonmetallic mine that
holds a reclamation permit issued under this chapter desires to modify
such permit or reclamation plan approved under this chapter, it may
request such modification by submitting a written application for
such modification to the County. The application for permit or plan
modification shall be acted on using the standards and procedures
of this chapter.
(3)
Required by the operator. The operator of any nonmetallic mine that
holds a reclamation permit issued under this chapter shall request
a modification of such permit if changes occur to the area to be mined,
the nature of the planned reclamation, or other aspects of mining
required by the reclamation plan approved pursuant to this chapter.
Such application for permit modification shall be acted on using the
standards and procedures of this chapter.
B.
Permit suspension and revocation. A permit issued under § 265-5 may be suspended or revoked as set forth below.
(1)
Grounds. Washington County may suspend or revoke a nonmetallic mining
reclamation permit issued pursuant to this chapter if it finds the
operator has done any of the following:
(3)
Consequences.
(a)
If the County makes any of the findings in § 265-7B, it may suspend a nonmetallic mining reclamation permit for up to 30 days. During the time of suspension, the operator may not conduct nonmetallic mining at the site, except for reclamation or measures to protect human health and the environment as ordered by the County pursuant to § 265-11B through G.
(b)
If the County makes any of the findings in § 265-7B, it may revoke a nonmetallic mining reclamation permit. Upon permit revocation, the operator shall forfeit the financial assurance it has provided pursuant to this chapter to the County. The County may use forfeited financial assurance to reclaim the site to the extent needed to comply with this chapter and the applicable reclamation plan through private contract or force work accounts.
C.
Permit termination. When the County has certified pursuant to § 265-10C that final reclamation measures have been completed according to the approved reclamation plan and all other applicable requirements of this chapter, the County shall issue a written statement to the operator of the nonmetallic mining site, thereby terminating the reclamation permit.
A.
Contents and deadline. Annual reports that satisfy the requirements
of this section shall be submitted by the operators of nonmetallic
mining sites to the County on forms provided by the County.
[Amended by Ord. No. 2007-4]
(1)
Contents. The annual report required by this section shall include
all of the following:
(a)
The name and mailing address of the operator.
(b)
The location of the nonmetallic mining site, including legal
description, tax key number or parcel identification number if available.
(c)
The identification number of the applicable nonmetallic mining
permit, if assigned by the County.
(d)
The acreage currently affected by nonmetallic mining extraction
and not yet reclaimed.
(e)
The amount of acreage that has been reclaimed to date on a permanent
basis and the amount reclaimed on an interim basis.
(g)
The following certification, signed by the operator:
"I certify that this information is true and accurate, and that
the nonmetallic mining site described herein complies with all conditions
of the applicable nonmetallic mining reclamation permit and Ch. NR
135, Wis. Adm. Code."
(2)
Deadline. The annual report shall cover activities on unreclaimed
acreage for the previous calendar year and be submitted by January
31.
B.
Inspection in lieu of report. The County may, at its discretion, obtain the information required in Subsection A(1) for a calendar year by written documentation of an inspection it completes during a calendar year, as set forth in this subsection. If the County obtains and documents the required information, the annual report need not be submitted by the operator. If the County determines that the operator need not submit an annual report pursuant to this subsection, it shall advise the operator, in writing, at least 30 days before the end of the applicable calendar year. In that case, the County shall require the operator to submit the certification required in § 265-8A(1).
C.
Retention of annual reports. Annual reports or inspection records
under this section shall be retained by the County for at least 10
years after the calendar year to which they apply. These records,
or complete and accurate copies of them, shall be made available to
the Wisconsin Department of Natural Resources upon written request
or during its inspection or audit activities carried out pursuant
to Ch. NR 135, Wis. Adm. Code.
A.
Plan review fees. Operators shall submit plan review fees to the
County as set forth below:
(1)
Amount and applicability. All permit applicants under § 265-5B(2) shall submit to the County a nonrefundable plan review fee in accordance to the fee schedule established by the Land Conservation Committee through the annual County budget process. A review fee shall be paid under this section for any modification to an existing reclamation plan submitted pursuant to § 265-7A.
B.
Annual fees. Operators shall submit annual fees to the County as
set forth below:
[Amended by Ord. No. 2006-29; Ord. No. 2007-4]
(1)
General. Operators of all nonmetallic mining sites subject to reclamation permits issued under this chapter shall pay annual fees to Washington County. Fees paid under this section shall include a share due to the Wisconsin Department of Natural Resources under Subsection C and a share due to the County. The annual fee amount due to the County shall be established by the Land Conservation Committee through the annual County budget process and shall reflect reasonable expenses associated with administration of this chapter. The annual fee collected by Washington County under this subsection for local transportation-related mines issued permits under § 265-5B(1) may not exceed the amounts set forth in Table 2 of § NR 135.39, Wis. Adm. Code, and shall include both a share for the Wisconsin Department of Natural Resources and Washington County.
(2)
Areas subject to fees. Fees paid under this section shall be calculated by the County based on the unreclaimed acres of a nonmetallic mining site, as defined in § 265-1K, present on a nonmetallic mining site at the end of each calendar year. For new or reopened mines that submit a reclamation permit application under § 265-5B(2), the first year's annual fee shall be based upon the unreclaimed acres which are anticipated at the end of that calendar year. Those portions of nonmetallic mining sites covered under an approved nonmetallic mining reclamation plan but which are not yet affected by nonmetallic mining are not subject to annual fees.
(3)
Procedures and deadlines. Fees assessed pursuant to this section shall be paid to the County no later than January 31 for the previous year, except when required at the time of permit application under § 265-5B.
(4)
Fees prior to reclamation certification. If reclamation has already occurred on portions of a nonmetallic mining site, the fees for such portions may be submitted with a request that they be held by the County pending certification of completed reclamation pursuant to § 265-10C. Upon such certification, Washington County shall refund that portion of the annual fee that applies to the reclaimed areas. If the County fails to make a determination under § 265-10C within 60 days of the request, it shall refund that portion of the annual fee that applies to the reclaimed areas.
C.
Wisconsin Department of Natural Resources share of fee. Fees paid under Subsection B shall include a share for the Wisconsin Department of Natural Resources equal to the amount specified in section NR 135.39(3), Wis. Adm. Code. For sites on which no nonmetallic mining has taken place during a calendar year, fees to be paid under this section for the following year shall be $15. The County shall forward fees collected under this subsection to the Wisconsin Department of Natural Resources by March 31.
[Amended by Ord. No. 2006-29]
A.
Reporting. The operator of a nonmetallic mining site may report to
the County at any time completion of reclamation for a portion of
or the entire nonmetallic mining site pursuant to a reclamation plan
prepared and approved pursuant to this chapter. Any report under this
section shall be submitted on a form provided by the County.
B.
Reporting of interim reclamation. The operator of a nonmetallic mining site may report completion of interim reclamation as specified in the reclamation plan for the site prepared and approved pursuant to this chapter. Reporting of interim reclamation shall be done according to the procedures in Subsection A.
C.
Certification of completed reclamation.
[Amended by Ord. No. 2016-11]
(1)
Washington County shall inspect a nonmetallic mining site for which
reporting of reclamation or interim reclamation has been submitted
by the operator pursuant to this subsection and issue a determination,
in writing, within 60 days of receipt of the report. The County may
make a determination under this subsection that:
(2)
If it is determined that interim or final reclamation is complete,
including revegetation as specified in a reclamation plan that conforms
with the requirements of this chapter, the County shall issue the
mine operator a written certificate of completion for the applicable
area.
D.
Effect of completed reclamation certification. If reclamation is certified by the County as complete under Subsection C for part or all of a nonmetallic mining site, then:
(2)
The financial assurance required by § 265-4 shall be released or appropriately reduced in the case of completion of final reclamation for a portion of the mining site.
(3)
For sites or portions of sites which are reported as interim reclaimed under Subsection B and so certified under Subsection C, financial assurance for reclaiming the certified area may be reduced if the County determines that the balance remaining would be sufficient to ensure final reclamation for remaining portions of the site.
A.
Right of entry and inspection. For the purpose of ascertaining compliance
with the provisions of this chapter, any authorized officer, agent,
employee or representative of Washington County may inspect any nonmetallic
mining site subject to this chapter as provided below:
(1)
No person may refuse entry or access onto a nonmetallic mining site
of a duly authorized officer, employee or agent of Washington County
who presents appropriate credentials to inspect the site for compliance
with this chapter.
(2)
Any person who enters the site under this right of inspection shall
obtain training and provide his or her own safety equipment needed
to comply with any federal, state or local laws or regulations controlling
persons on the nonmetallic mining site.
B.
Violations. The following shall be considered violations of this
chapter and are therefore subject to any or all of the enforcement
provisions under this section.
(1)
Participating in nonmetallic mining activities after August 1, 2001,
without having a permit on file with the County;
(2)
Failure to submit a satisfactory reclamation plan or financial assurance within the time frames specified under § 265-5C(1);
(3)
Participating in nonmetallic mining activities after September 1, 2001, without a reclamation permit issued by the County under § 265-5C;
C.
Enforcement orders. The County may issue orders, including an order
to immediately cease all activities regulated under this chapter until
full compliance with the provisions herein or of this chapter are
verified by the County.
D.
Permit suspension or revocation. The County may issue a special order suspending or revoking a nonmetallic mining reclamation permit pursuant to § 265-7B.
E.
Review of orders. A person holding a reclamation permit who is subject
to an order pursuant to this section shall have the right to review
the order in a contested case hearing under § 68.11, Wis.
Stats., notwithstanding the provisions of §§ 68.001,
68.03(8) and (9), 68.06 and 68.10(1)(b), Wis. Stats.
F.
Citations. The County may issue a citation in accordance with the
provisions provided in § 66.0119, Wis. Stats. and the Washington
County Code to collect forfeitures to enforce this chapter. The issuance
of a citation under this subsection shall not preclude proceeding
under any other ordinance or law relating to the same or any other
matter. Proceeding under any other ordinance or law relating to the
same or any other matter shall not preclude the issuance of a citation
under this subsection.
G.
Enforcement. Washington County may submit any order issued under
this section to abate violations of this chapter to a district attorney,
corporation counsel, municipal attorney or the attorney general for
enforcement. The district attorney, corporation counsel, municipal
attorney or the attorney general may enforce those orders.
H.
Forfeiture of financial assurance. The County may use the financial assurance under § 265-4 to ensure compliance with the reclamation plan and this chapter through private contracts or force account work.
I.
Penalties. Any person who violates this chapter or an order issued
under this chapter may be required to forfeit not less than $25 nor
more than $5,000 for each violation, as provided in § 295.19(3),
Wis. Stats. Each day of violation is a separate offense.
A.
Authority. The Board of Adjustment shall act as the review and appeal
authority for any order, requirement, decision or determination made
by the County under this chapter.
B.
Procedure. The rules, procedures, duties and powers of the Board
of Adjustment, as provided in § 59.694, Wis. Stats., shall
apply to any review or appeal under this chapter.
C.
Variances. Upon appeal, the Board of Adjustment may authorize variances
from the provisions of this chapter which are not contrary to the
public interest or the purposes of this chapter, and where, owing
to special conditions beyond the control of the applicant, the literal
enforcement of this chapter would result in unnecessary hardship.
D.
Who may appeal. Any nonmetallic mine operator or other person directly
affected by a decision of the County under this chapter may appeal
in accordance with this section.
