All nonmetallic mining sites subject to this chapter shall be
reclaimed in conformance with the standards contained in subchapter
II of Ch. NR 135, Wis. Adm. Code.
[Amended by Ord. No. 54-2007]
(1) Required Submittal. No person may engage in nonmetallic mining or
nonmetallic mining reclamation without possessing a reclamation permit
from Oneida County. All reclamation permit applications under this
section shall be accompanied by the information required by § NR
135.18(3), Wis. Adm. Code.
(2) New Mines. The operator of any nonmetallic mine site that engages in or plans to engage in nonmetallic mining that will begin operations after August 1, 2001, or which has not applied for an automatic reclamation permit pursuant to Subsection
(2) shall submit an application that meets the requirements of § NR 135.18(2), Wis. Adm. Code, and the submittals required under Subsection
(1) to the Oneida County Planning and Zoning Department prior to beginning operations. This application shall be accompanied by a plan review fee as specified in §
22.17.
[Amended by Res. No. 03-2009]
[Amended by Ord. No. 54-2007]
(1) Reclamation Plan Requirements. All operators of nonmetallic mining
sites subject to this chapter shall prepare and submit a reclamation
plan that meets the requirements of § NR 135.19, Wis. Adm.
Code.
(2) Existing Plans and Approvals. To avoid duplication of effort, the
reclamation plan required by § 22.05(5) may, by reference,
incorporate existing plans or materials that meet the requirements
of this chapter.
(3) Approval of Reclamation Plan. Oneida County shall approve, conditionally approve or deny the reclamation plan submitted under this section in writing as part of permit issuance §
22.08(2) for new mines. Conditional approvals of reclamation plans shall be made according to § 22.08(5), and denials of reclamation plans made according to §
22.09. The operator shall keep a copy of the reclamation plan required by this section, once approved by Oneida County under this chapter, at the mine site or, if not practicable, at the operator's nearest office or place of business.
[Amended by Ord. No. 51-2002; Ord. No. 23-2006; Ord. No. 54-2007]
(1) Financial Assurance Requirements. All operators of nonmetallic mining
sites in Oneida County shall prepare and submit a proof of financial
assurance of successful reclamation that meets the requirements of
§ 135.40, Wis. Adm. Code. Bonding or escrow account requirements
for reclamation financial assurances shall equal as closely as possible
the cost to Oneida County of hiring a contractor to complete either
final reclamation or progressive reclamation according to the approved
reclamation plan. The amount of financial assurances shall be reviewed
periodically by Oneida County to assure it equals outstanding reclamation
costs.
[Amended by Ord. No. 43-2014]
(2) The operator of any nonmetallic mining site that applies for a reclamation permit in conformance with §
22.04(2) shall submit the proof of financial assurance required by Subsection
(1) as specified in the reclamation permit issued to it under this chapter.
(3) Public Nonmetallic Mining. The financial assurance requirements of
this section do not apply to nonmetallic mining conducted by the State
of Wisconsin, a state agency, board, commission or department, or
a municipality.
[Amended by Ord. No. 54-2007]
(1) Oneida County shall provide public notice and the opportunity for a public informational hearing as set forth in § NR 135.20(1) and (2), Wis. Adm. Code, for any nonmetallic mining site for which a complete reclamation permit application that satisfies §
22.04(1) is received.
(2) Local Transportation-Related Mines. No public notice or informational hearing is required for a nonmetallic mining reclamation permit issued to a local transportation-related mine pursuant to §
22.08(3).
[Amended by Ord. No. 54-2007]
(1) Permit Required. No person may engage in nonmetallic mining or nonmetallic mining reclamation after September 1, 2001, without a reclamation permit issued pursuant to this chapter, except nonmetallic mining sites exempt from this chapter as provided in §
22.02(5).
(2) Automatic Permit for Local Transportation-Related Mines. Oneida County
shall issue an automatic permit under this subsection for any borrow
site operated to provide material for a locally-administered transportation
project that meets the criteria in § NR 135.23(1)(a), Wis.
Adm. Code. This automatic permit shall be issued according to the
provisions of § NR 135.23(1)(b) through (j), Wis. Adm. Code.
(3) Expedited Review. Any operator of a nonmetallic mining site may obtain an expedited review of a reclamation permit application by paying the expedited review fee specified in §
22.17(2). The expedited review shall be carried out according to the provisions of § NR 135.23(2), Wis. Adm. Code. Such expedited review shall not waive, shorten or otherwise affect the public notice and right of hearing pursuant to §
22.07.
(4) Permit Conditions. Permits issued under this section may include
conditions as provided in § NR 135.21(3), Wis. Adm. Code.
One required condition shall be that new mines shall obtain financial
assurance prior to beginning mining pursuant to § NR 135.40,
Wis. Adm. Code.
An application for a nonmetallic mining reclamation permit shall
be denied if any of the factors specified in § NR 135.22,
Wis. Adm. Code, exist.
For any nonmetallic mining site which had a reclamation permit previously issued pursuant to Ch. NR 135, Wis. Adm. Code, that becomes subject to reclamation permitting authority of Oneida County the previously-issued municipal reclamation permit's terms and conditions shall remain in force until they can be modified by Oneida County pursuant to §
22.14(1).
Any permitting decision or action made by Oneida County under
this chapter may be reviewed as set forth in § NR 135.30,
Wis. Adm. Code.
[Amended by Ord. No. 54-2007]
(1) Areas Subject to Fees, Procedures and Deadline. Operators of all nonmetallic mining sites subject to reclamation permits issued under this chapter to Oneida County. Fees paid under this section shall include both a share for the Wisconsin Department of Natural Resources under Subsection
(2) and a share for Oneida County under Subsection
(3) that equals as closely as possible the costs of examination and approval on nonmetallic mining reclamation plans and the inspection of nonmetallic mining reclamation sites. These fees shall be calculated based on amount of unreclaimed acres of each site, as defined in § NR 135.39(1), Wis. Adm. Code, and according to its provisions. Such fees apply to a calendar year or any part of a year in which nonmetallic mining takes place, until final reclamation is certified as complete under §
22.20(1). Fees shall be paid no later than December 31 before the year for which they apply.
(2) Wisconsin Department of Natural Resources Share of Fee. Fees paid
under this section shall include a share for the Wisconsin Department
of Natural Resources equal to the amount specified in § 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 $30.
(3) Oneida County's Share of Fee. Fees paid under this section shall
also include an annual fee due to Oneida County which shall be periodically
designated by the County Board and be established on an unreclaimed
acre basis, and equal as closely as possible the County cost of administering
the reclamation program.
(4) Documentation of Oneida County's Share of Fee. If the annual fee in Subsection
(3) is greater than that established in § NR 135.39(4)(c), Wis. Adm. Code, Oneida County shall document in writing its estimated program costs and the need for its annual fees established in Subsection
(3). This documentation shall be available for public inspection.
(5) Annual nonmetallic mine permit fees will be periodically designated by the County Board to equal as closely as possible the County's cost to administer Chapter
22, Non-Metallic Mining Reclamation.
[Amended by Ord. No. 43-2014]
When all final reclamation required by a reclamation plan conforming to §
22.05 and required by this chapter is certified as complete pursuant to §
22.19, Oneida County shall issue a written statement to the operator of the nonmetallic mining site, thereby terminating the reclamation permit.