A.
By Adams County. A nonmetallic mining reclamation permit issued under this chapter may be modified by Adams County if it finds that, due to changing conditions, the nonmetallic mining site is no longer in compliance with Chapter NR 135, Wisconsin Administrative Code, or this chapter. Such modification shall be by an order modifying the permit in accordance with § 245-32. This modifying order may require the operator to amend or submit new application information, a reclamation plan, proof of financial assurance or other information needed to ensure compliance with Chapter NR 135, Wisconsin Administrative Code, or this chapter.
B.
At the operator's option. If the 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 Adams County at Adams County Courthouse.
The application for permit or plan modification shall be acted on
using the standards and procedures of this chapter.
C.
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.
Note: Modification of the permit must be requested by the operator
in such circumstances under § NR 135.27, Wisconsin Administrative
Code.
A.
Grounds. Adams County may suspend or revoke a nonmetallic mining
reclamation permit issued pursuant to this chapter if it finds the
operator has acted contrary to any of the following:
C.
Consequences.
(1)
If Adams County makes any of the findings in Subsection A, 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 regulatory authority pursuant to § 245-32.
(2)
If Adams County makes any findings in Subsection A, 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 Adams County. Adams County may use forfeited financial assurance to reclaim the site to the extent needed to comply with this chapter and the applicable reclamation ordinance.
A.
Contents and deadline. Annual reports that satisfy the requirements
of this section shall be submitted by the operators of nonmetallic
mining sites.
(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 Adams 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.
(f)
A plan, map or diagram accurately showing the acreage described
in Subsection A(2)(d) and (e).
(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 Chapter NR 135, Wisconsin
Administrative Code."
(2)
Deadline. The annual report shall cover activities on unreclaimed
acreage for the previous calendar year and be submitted by January
31.
(3)
When reporting may end. Annual reports shall be submitted by an operator for all active and intermittent mining sites to Adams County for each calendar year until nonmetallic mining reclamation at the site is certified as complete pursuant to § 245-29C or at the time of release of financial assurance pursuant to § 245-14A(7).
B.
Inspection in lieu of report. Adams County may, at its discretion, obtain the information required in Subsection A for a calendar year by written documentation of an inspection it completes during a calendar year, as set forth in this subsection. If Adams County obtains and documents the required information, the annual report need not be submitted by the operator. If Adams 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, Adams County shall require the operator to submit the certification required in Subsection A(1)(g).
C.
Retention of annual reports. Annual reports submitted under Subsection A or inspection records that replace them under Subsection B shall be retained by Adams 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 Chapter NR 135, Wisconsin Administrative Code.
A.
Amount and applicability. A person who intends to operate a nonmetallic mining site for which a permit application has been submitted under § 245-12 shall submit a nonrefundable plan review fee as shown in Addendum A.[1] No plan review fee may be assessed under this section for any local transportation-related mining receiving an automatic permit under § 245-16C. A separate plan review fee shall be paid under this section for any modification to an existing reclamation plan submitted pursuant to § 245-23.
B.
Expedited plan review fee. A person who intends to operate a nonmetallic mining site for which a permit application has been submitted under § 245-12 above may obtain expedited reclamation plan review by paying a fee equal to the plan review fee in Addendum A.[2] Such fee shall be in addition to that required in Subsection A.
A.
Areas subject to fees, procedures, deadline and amount.
(1)
Operators of all nonmetallic mining sites subject to reclamation
permits issued under this chapter shall pay annual fees to Adams County.
(2)
Fees paid under this section shall be calculated based on the unreclaimed
acres of a nonmetallic mining site, as defined below:
(a)
"Unreclaimed acre(s)" means those unreclaimed areas in which nonmetallic mining has occurred after August 1, 2001, and areas where nonmetallic mining reclamation has been completed but is not yet certified as reclaimed under § 245-14A(7). However the term does not include any areas described in Subsection A(2)(b).
(b)
"Unreclaimed acre(s)" does not include:
[1]
Those areas where reclamation has been completed and certified as reclaimed under § 245-14A(7).
[2]
Those areas previously affected by nonmetallic mining but which
are not used for nonmetallic mining after August 1, 2001.
[3]
Those portions of nonmetallic mining sites which are included
in an approved nonmetallic mining reclamation plan, but are not yet
affected by nonmetallic mining.
[4]
Areas previously mined but used after August 1, 2001, for a
nonmining activity, including stockpiling of materials, provided the
stockpiles are associated with on-site industrial processes used for
an industrial activity unrelated to nonmetallic mining, such as an
asphalt plant, concrete batch plant, block and tile operation or other
industry that uses products produced from nonmetallic mining.
(c)
Fees shall be assessed on any active acre(s) only and shall
not be assessed on any acre(s) where nonmetallic mining is proposed
and approved but where no nonmetallic mining has yet taken place.
(3)
Fees assessed pursuant to this section shall be based on unreclaimed acres at the end of the year. 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 § 245-29. Fees shall be paid no later than January 31 for the previous year.
(4)
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 Adams County pending certification of completed reclamation pursuant to §§ 245-29C and 245-14A(7). Upon such certification, Adams County shall refund that portion of the annual fee that applies to the reclaimed areas. If Adams County fails to make a determination under §§ 245-29C and 245-14A(7) within 60 days of the request, it shall refund that portion of the annual fee that applies to the reclaimed areas.
B.
Wisconsin Department of Natural Resources share of fee.
(1)
Fees paid under this section shall, except where provided in Subsection B(2), include a share for the Wisconsin Department of Natural Resources equal to the amount specified in § NR 135.39(3), Wisconsin Administrative Code. Review Addendum A[1] for Adams County fees and Wisconsin Department of Natural
Resources fees.
(2)
For nonmetallic mining sites at which no nonmetallic mining has taken
place during a calendar year, the share for the Wisconsin Department
of Natural Resources shall be $15.
(3)
Adams County shall forward fees collected under this subsection to
the Wisconsin Department of Natural Resources by March 31.
C.
Adams County share of fee.
(1)
Fees paid under this section shall also include an annual fee due
to Adams County, which shall be equal to the amount specified in Addendum
A.[2] For sites on which no nonmetallic mining has taken place
during a calendar year, fees to be paid under this section for the
year shall be as identified in Addendum A. The fee, accompanied by
a form provided by Adams County, shall be submitted to the Adams County
Land and Water Conservation Division.
(2)
The annual fee collected by Adams County under this subsection for local transportation-related mines issued permits under § 245-16C above may not exceed the amounts set forth in Addendum A.[3] The amount listed in Addendum A shall be the total fee
assessed on such nonmetallic mines, and shall include both a share
for the Wisconsin Department of Natural Resources and Adams County.
A.
Reporting. Adams County shall send an annual report to the Wisconsin
Department of Natural Resources by March 31 for the previous calendar
year. The reports shall include the following information for the
previous year's nonmetallic mining reclamation program:
(1)
The total number of nonmetallic mining reclamation permits in effect.
(2)
The number of new permits issued within jurisdiction of Adams County.
(3)
The number of acres approved for nonmetallic mining and the number
of acres newly approved in the previous year.
(4)
The number of acres being mined or unreclaimed acres.
(5)
The number of acres that have been reclaimed and have had financial assurance released pursuant to § 245-14A(7).
(7)
The number and nature of alternative requirements granted, permit
modifications, violations, public hearings, enforcement actions, penalties
that have been assessed and bond or financial assurance forfeitures.
B.
Documentation. Adams County shall, to the best of its ability, maintain
the information set forth below, and make it available to the Wisconsin
Department of Natural Resources for that agency's audit of Adams
County's reclamation program pursuant to Chapter NR 135, Wisconsin
Administrative Code:
(1)
Documentation of compliance with Chapter NR 135, Wisconsin Administrative
Code, and this chapter.
(2)
The procedures employed by Adams County regarding reclamation plan
review, and the issuance and modification of permits.
(3)
The methods for review of annual reports received from operators.
(4)
The method and effectiveness of fee collection.
(5)
Procedures to accurately forward the Wisconsin Department of Natural
Resources' portion of collected fees in a timely fashion.
(6)
Methods for conducting on-site compliance inspections and attendant
reports, records and enforcement actions.
(7)
Responses to citizen complaints.
(8)
The method of and accuracy in determining the amount of the financial
assurance obtained from the operator to guarantee reclamation performance.
(9)
The maintenance and availability of records.
(11)
The method of determining the success of reclamation in meeting the criteria contained in the reclamation plan and subsequently releasing the financial assurance pursuant to § 245-14A(7).
(12)
Any changes in local regulations, ordinances, funding and staffing
mechanisms or any other factor which might affect the ability of Adams
County to implement its nonmetallic mining reclamation program under
this chapter.
(13)
The amount of fees collected in comparison to the amount of
money actually expended for nonmetallic mining reclamation program
administration.
(14)
Any other performance criterion necessary to ascertain compliance
with Chapter NR 135, Wisconsin Administrative Code.
A.
Reporting. The operator of a nonmetallic mining site may certify
completion of reclamation for a portion or all of the nonmetallic
mining site pursuant to a reclamation plan prepared and approved pursuant
to this chapter and Chapter NR 135, Wisconsin Administrative Code.
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 and Chapter NR 135, Wisconsin Administrative Code. Reporting of interim reclamation shall be done according to the procedures in Subsection A.
C.
Certification of completed reclamation. Adams County shall inspect a nonmetallic mining site for which reporting of reclamation or interim reclamation has been submitted pursuant to this section within 60 days of receipt, and make a determination in writing in accordance with § 245-14A(7)(c). If it is determined that interim or final reclamation is complete, including revegetation as specified in a reclamation plan that conforms with § 245-13, Adams County shall issue the mine operator a written certificate of completion.
D.
Effect of completed reclamation. If reclamation is certified by Adams County as complete under Subsection C for part or all of a nonmetallic mining site, then:
E.
Effect of inaction following report of completed reclamation. If no written response as required by Subsection C for an area of the mine site reported as reclaimed or interim reclaimed is given within 60 days of receiving such request, any annual fee paid to Adams County for it under § 245-27 shall be refunded.
When all final reclamation required by a reclamation plan conforming to § 245-13 and required by this chapter is certified as complete pursuant to §§ 245-14A(7) and 245-29C, Adams County shall issue a written statement to the operator of a nonmetallic mining site, thereby terminating the reclamation permit.
