[HISTORY: Adopted by the City Council of the City of Amery 10-6-2004 as §§ 7-8-1
to 7-8-6, of the 2004 Code. Amendments noted where applicable.]
This chapter is adopted pursuant to § 66.038, Wis.
Stats., which is adopted by reference and made a part of this chapter
as if fully set forth herein.
As used in this chapter, the following terms shall have the
meanings indicated:
Has the meaning specified under § 295.11(2), Wis.
Stats.
Operations or activities for the extraction from the earth
for sale or use by the operator of mineral aggregates such as stone,
sand and gravel, fill material and nonmetallic minerals such as asbestos,
beryl, clay, feldspar, peat and talc, related operations or activities
such as excavation, grading or dredging if the purpose of those operations
or activities is the extraction of mineral aggregates and nonmetallic
minerals and related processes such as crushing, screening, scalping,
dewatering and blending.
Waste soil, rock, mineral, liquid, vegetation and other waste
material resulting from a nonmetallic mining operation. This term
does not include merchantable by-products resulting directly from
or displaced by the nonmetallic mining operation.
The location where a nonmetallic mining operation is proposed
or conducted, including all surface areas from which materials are
removed, related storage and processing areas, areas where nonmetallic
mining refuse is deposited and areas disturbed by the nonmetallic
mining operation by activities such as the construction or improvement
of roads or haulageways.
Any person who is engaged in a nonmetallic mining operation
or nonmetallic mining site reclamation or who applies for or holds
a nonmetallic mining permit issued under this chapter whether individually,
jointly or through subsidiaries, agents, employees, contractors or
subcontractors.
The rehabilitation of a nonmetallic mining site, including
but not limited to removal of nonmetallic mining refuse, grading of
the site, replacement of topsoil, stabilization of soil conditions,
establishment of vegetative cover, control of surface water and groundwater,
prevention of environmental pollution, construction of fences and,
if practical, restoration of plant, fish and wildlife habitat.
The replacement of the topsoil which was removed or disturbed
by a nonmetallic mining operation or the provision of soil which is
at least as adequate as the topsoil which was removed or disturbed
for the purposes of providing adequate vegetative cover and stabilization
of soil conditions.
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 or Subchapter III of Ch. 295, 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 Subchapters II to IV of 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.
A.
Permit required. No person shall operate any nonmetallic mining site
or operation within the City unless he/she obtains a nonmetallic mining
permit from the City Council. The fee for such permit shall be as
prescribed in the Schedule of Fees, plus any actual City administrative
expenses, payable by certified check. Operators of existing nonmetallic
mining operations shall apply for such permit within 30 days of the
effective date of this chapter.
B.
Required permit information. An application for a nonmetallic mining
permit shall be submitted by the operator and shall include:
(1)
An adequate description of the operation, including a legal description
of the property;
(2)
A plan of the site showing the proposed and existing roads and drives,
and the sources, quantity and disposition of water to be used, if
any;
(3)
Estimated dates for completion of the extraction and commencement
and completion dates for the reclamation;
(4)
A reclamation plan and such other information as may be necessary
to determine the nature of the operation and the effect on the surrounding
area;
(5)
Methods of screening from adjacent properties;
(6)
Hours of operation;
(7)
Dust and noise control;
(8)
Maximum depth;
(9)
Blasting procedures;
(10)
Location and height of stockpiles; and
(11)
Such other information the City Council deems pertinent to the
operation.
C.
Reclamation plan. The reclamation plan shall contain adequate provision
that:
(1)
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;
(2)
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;
(3)
Excavations made to a water-producing depth shall be not less than
three feet measured from the low water mark;
(4)
All final slopes shall be covered with adequate topsoil and seeded
to prevent erosion;
(5)
The plan shall require that, 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 City Council;
(6)
There is a timetable for completion of various stages of reclamation
of the nonmetallic mining site.
D.
Applications. All applications for a permit hereunder shall be made
in writing upon the written form provided by the City and distributed
by the City Administrator/Clerk-Treasurer. All applications for permits
hereunder shall be signed by the applicant and filed with the City
Administrator/Clerk-Treasurer at least 60 days prior to the permit
period. The City Administrator/Clerk-Treasurer shall immediately refer
all applications for a permit hereunder to the City Council for public
hearing and approval. The operator shall receive written notice of
the public hearing. The permit shall be for a period of time as stated
in the application or as modified by the Council. Modification of
the application or reclamation plan may be permitted or additional
conditions may be required upon application. The Council shall consider
the effect of the operation and the proposed reclamation upon existing
and future conditions, including streets, neighboring land development,
land use drainage, water supply, water pollution, air pollution, soil
erosion, natural beauty and land value of the locality. The Council
may approve, approve conditionally or reject the application and reclamation
plan.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Financial assurance.
(1)
Before a permit and reclamation plan is approved by the City Council,
the operator shall submit an agreement and performance bond or cash
escrow agreement to assure the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(a)
The operator shall pay for the cost of all improvements required
in the reclamation plan by the City Council.
(b)
Guaranteed completion of the required reclamation within a period
determined by the Council.
(c)
Payment by the operator for all costs incurred by the City for review
and inspection. This would include preparation and review of plans
and specifications by the City Engineer and Attorney, as well as other
costs of a similar nature.
(2)
The City may elect to have stages of the reclamation plan performed
under the terms of a cash escrow agreement.
(3)
The required performance bond or cash escrow agreement shall be equal
to 1 1/4 times the City Engineer's estimated cost of the required
improvements.
(4)
If the required reclamation is not complete within the designated
period, all amounts held under the escrow agreement or performance
bond shall be turned over and delivered to the City and applied to
the cost of the required reclamation. Any balance remaining after
such reclamation has been done shall be returned to the operator.
The City Council, at its option, may extend the bond period for additional
periods.
F.
Fences. 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.
G.
Inspection. An authorized agent of the City 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.
H.
Prohibitions and orders. Nonmetallic mining operations within the
City 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.
If any permit is revoked, cancelled, rescinded or terminated,
the operator shall be given written notice of any charges or violations
against him/her or the reasons proposed for revocation and shall have
an opportunity to be heard before the City Council.
