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 §
245-7A, §
245-7B or § 245-10P(2).
A. Required submittal. All operators of all nonmetallic mining sites
shall apply for a reclamation permit from Adams County. All reclamation
permit applications under this section shall be accompanied by the
following information:
(1) A brief description of the general location and nature of the nonmetallic
mine.
(2) A legal description of the property on which any portion of the nonmetallic
mine is located or proposed, including any parcel identification number.
(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, address and telephone number of the person or organization
who is the operator.
(5) A certification by the operator of his or her intent to comply with the statewide nonmetallic mining reclamation standards established by Article
II of this chapter.
B. Reclamation permit application contents. The operator of any nonmetallic
mine site shall submit an application that meets the requirements
specified below to Adams County Land and Water Conservation Division,
P.O. Box 287, Friendship, WI 53934, prior to beginning any operations.
(1) The information required by Subsection
A.
(3) A reclamation plan conforming to §
245-13.
(4) A certification that the operator will provide, as a condition of the reclamation permit, financial assurance as required by §
245-13 upon granting of the reclamation permit and before mining begins.
(5) To avoid duplication, the permit application and submittals required
under this subsection may, by reference, incorporate existing plans
or materials that meet the requirements of this chapter.
A nonmetallic mining reclamation permit issued under this chapter
shall be transferred to a new owner or operator upon satisfaction
of the conditions:
A. A nonmetallic mining reclamation permit may be transferred to a new
operator upon submittal to Adams County of proof of financial assurance
and a certification in writing by the new permit holder that all conditions
of the permit will be complied with.
B. The transfer is not valid until financial assurance has been submitted
by the new operator and accepted by Adams County, and Adams County
makes a written finding that all conditions of the permit will be
complied with. The previous operator shall maintain financial assurance
until the new operator has received approval and provided the financial
assurance under this section.
For any nonmetallic mining site which had a reclamation permit previously issued by another regulatory authority pursuant to Chapter NR 135, Wisconsin Administrative Code, that becomes subject to reclamation permitting authority of Adams County, the terms and conditions of the previously issued municipal reclamation permit shall remain in force until modified by Adams County pursuant to §
245-23A.
Any permitting decision or action made by Adams 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 Adams County's decision to issue, deny or modify
a nonmetallic mining reclamation permit.