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 § 323-7, § 323-36, Word usage and definitions.
A.
Required submittal. All operators of nonmetallic mining
sites shall apply for a reclamation permit from Green Lake County.
All applications for reclamation permits 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 the nonmetallic
mine is located or proposed, including the parcel identification number.
(3)
The names, addresses and telephone numbers of all
persons or organizations who or which 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 or which is the operator.
B.
Reclamation permit application contents. The operator
of any nonmetallic mine site shall submit an application that meets
the requirements specified below to the Green Lake County Land Use
Planning and Zoning Department located in the Green Lake County Courthouse
in the City of Green Lake prior to beginning operations.
(4)
A certification that the operator will provide, as a condition of the reclamation permit, financial assurance required by § 323-16 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.
All operators of nonmetallic mining sites subject
to this chapter shall prepare and submit a reclamation plan that meets
the following requirements:
A.
Plan required. All operators who conduct or plan to conduct nonmetallic mining shall submit to Green Lake County a reclamation plan that meets all of the requirements of this section and complies with the reclamation standards of Article II.
B.
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:
(1)
Maps of the nonmetallic mining site, including the
general location, property boundaries, the aerial extent, geologic
composition and depth of the nonmetallic mineral deposit, the distribution,
thickness and type of topsoil, the location of surface waters, and
the existing drainage patterns, 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.
(2)
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 University of Wisconsin soil science extension agent
or other available information resources.
(3)
Information available to the mine operator on biological
resources, plant communities, and wildlife use at and adjacent to
the proposed or operating mine site.
(4)
Existing topography as shown on contour maps of the
site at a minimum of four-foot contour intervals.
(5)
Location of man-made features on or near the site.
(6)
For proposed nonmetallic mining sites that include
previously mined areas, a plan view drawing showing the location and
extent of land previously affected by nonmetallic mining, including
the location of stockpiles, wash ponds, and sediment basins.
C.
Post-mining land use.
(1)
The reclamation plan shall specify a proposed post-mining
land use for the nonmetallic mine 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 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.
(2)
Land used for nonmetallic mineral extraction in areas
zoned under an exclusive agricultural use ordinance pursuant to § 91.75,
Wis. Stats., shall be restored to agricultural use.
D.
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 shall be included:
(1)
A description of the proposed earthwork and reclamation, including final slope angles, highwall 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 § 323-13E(1) or (2).
(2)
The methods of topsoil or topsoil substitute material
removal, storage, stabilization and conservation that will be used
during reclamation.
(3)
A plan or map which shows anticipated topography of
the reclaimed site and any water impoundments or artificial lakes
needed to support the anticipated future land use of the site.
(4)
A plan or map which shows surface structures, roads
and related facilities after the cessation of mining.
(5)
The estimated cost of reclamation for each stage of
the project or the entire site if reclamation staging is not planned.
(6)
A revegetation plan which shall include timing and
methods of seedbed 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.
(7)
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 of vegetative cover, productivity, plant
density, diversity or other applicable measures.
(8)
A plan and, if necessary, a narrative showing erosion
control measures to be employed during reclamation activities. These
shall address how reclamation activities will be conducted to minimize
erosion and pollution of surface and groundwater.
(9)
A description of any areas which will be reclaimed on an interim basis sufficient to qualify for the waiver of fees pursuant to § 323-31B and D and the Wisconsin Administrative Code and release of financial assurance pursuant to § 323-31C and which will be subsequently disturbed prior to final reclamation. Descriptions shall include an identification of the proposed areas involved, methods of reclamation, to comply with the standards in Article II, and timing of interim and final reclamation.
(10)
A description of how the reclamation plan addresses
the long-term safety of the reclaimed mining site. The description
shall include 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.
E.
Criteria for successful reclamation. The reclamation plan shall contain criteria for assuring successful reclamation in accordance with § 323-13H.
F.
Certification of reclamation plan. The operator shall
provide a signed certification that reclamation will be carried out
in accordance with the reclamation plan. If the operator does not
own the land, the landowner or lessor, if different from the operator,
shall also provide signed certification that they concur with the
reclamation plan and will allow its implementation.
G.
Existing plans and approvals. To avoid duplication
of effort, the reclamation plan required by this section may, by reference,
incorporate existing plans or materials that meet the requirements
of this chapter.
H.
Approval of reclamation plan. Green Lake County shall approve, conditionally approve or deny the reclamation plan submitted under this section in writing in accordance with § 323-18B for mines that apply for a reclamation permit in conformance with § 323-14. Conditional approvals of reclamation plans shall be made according to § 323-18E, and denials of reclamation plans shall be made pursuant to § 323-19. The operator shall keep a copy of the reclamation plan approved under this subsection at the mine site or, if not practicable, at the operator's nearest place of business.
A.
Financial assurance requirements. All operators of
nonmetallic mining sites in Green Lake County shall prepare and submit
a proof of financial assurance that meets the following requirements:
(1)
Notification. The regulatory authority shall provide written notification to the operator of the amount of financial assurance required under Subsection A(3) below.
(2)
Filing. Following approval of the nonmetallic mining
reclamation permit, and as a condition of the permit, the operator
shall file a financial assurance with Green Lake County. The financial
assurance shall provide that the operator shall faithfully perform
all requirements in this chapter, an applicable reclamation ordinance
and the reclamation plan. Financial assurance shall be payable exclusively
to Green Lake County. In cases where one or more other regulatory
authorities regulate a nonmetallic mining site, all financial assurance
shall be made payable to Green Lake County only if it currently has
primary regulatory responsibility.
(3)
Amount and duration of financial assurance. The amount
of financial assurance shall equal as closely as possible the cost
to Green Lake County of hiring a contractor to complete either final
reclamation or progressive reclamation according to the approved reclamation
plan. The amount of financial assurance shall be reviewed periodically
by Green Lake County to assure it equals outstanding reclamation costs.
Any financial assurance filed with Green Lake County shall be in an
amount equal to the estimated cost for reclaiming all sites the operator
has under project permits. Green Lake 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. An escrow account may
be established that is based on production gross sales and serves
to provide regular payments to an account that is designed to grow
to the amount necessary to guarantee performance of reclamation by
the expected time of final reclamation. The period of the financial
assurance is dictated by the period of time required to establish
the post-mining land use declared and approved of in the reclamation
plan. This may extend beyond the permit if required to accomplish
successful and complete implementation of the reclamation plan.
(4)
Form and management. Financial assurance shall be
provided by the operator and shall be by a bond or an alternate financial
assurance. Financial assurance shall be payable to Green Lake County
and released upon successful completion of the reclamation measures
specified in the reclamation plan. Alternate financial assurances
may include, but are not limited to, cash, certificates of deposit,
irrevocable letters of credit, irrevocable trusts, established escrow
accounts, demonstration of financial responsibility by meeting net
worth requirements, or government securities. Any interest from the
financial assurance shall be paid to the operator. Certificates of
deposit shall be automatically renewable, or other assurances shall
be provided before the maturity date. Financial assurance arrangements
may include, at the discretion of Green Lake County, a blend of different
options for financial assurance, including a lien on the property
on which the nonmetallic mining site occurs or a combination of financial
assurance methods.
(5)
Multiple projects. Any operator who obtains a permit
from Green Lake 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 in lieu of separate financial
assurances for each mining site, no financial assurances previously
posted on individual mining sites shall be released until the new
financial assurance has been accepted by Green Lake County.
(6)
Multiple jurisdictions. In cases where more than one
regulatory authority has jurisdiction, a cooperative financial security
arrangement may be developed and implemented by the regulatory authorities
to avoid requiring the permittee to prove financial assurance with
more than one regulatory authority for the same nonmetallic mining
site. Financial assurance is required for each site and two or more
sites of less than one acre by the same operator, except that governmental
units are not required to obtain financial assurance.
(7)
Certification of completion and release.
(a)
The operator shall notify the regulatory authority,
by filing a notice of completion, at the time that he or she determines
that reclamation of any portion of the mining site or the entire site
is complete. Green Lake County shall inspect the mine site or portion
thereof that was the subject of the notice of completion to determine
if reclamation has been carried out in accordance with the approved
reclamation plan. Green Lake County may partially release the financial
assurance if it determines that compliance with a portion of the reclamation
plan has been achieved and requires no waiting period. After determining
that reclamation is complete, Green Lake County shall issue a certificate
of completion and shall release the financial assurance or appropriately
reduce the financial assurance in the case of reclamation of a portion
of the mining site.
(b)
Green Lake County shall make a determination of whether or not the certification in Subsection A(7)(a) can be made within 60 days after the request is received.
(c)
Green Lake County may make a determination under
this subsection that:
(9)
Cancellation. Financial assurance shall provide that
it may not be canceled by the surety or other holder or issuer except
after not less than a ninety-day notice to Green Lake County in writing
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 Green Lake 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) below. The operator shall give Green Lake County at least 60 days' notice prior to changing methods of financial assurance and may not actually change methods without the written approval of Green Lake County.
(11)
Bankruptcy notification. The operator of a nonmetallic
mining site shall notify the regulatory authority by certified mail
of the commencement of voluntary or involuntary proceeding under the
Bankruptcy Code, 11 U.S.C. et seq., naming the operator as debtor,
within 10 days of commencement of the proceeding.
(12)
Adjustment of financial assurance. Financial
assurance may be adjusted when required by Green Lake County. Green
Lake County may notify the operator in writing that adjustment is
necessary and the reasons for it. Green Lake 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
regulatory authority 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.
C.
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.
A.
Reclamation plan hearing. Green Lake County shall
provide public notice and the opportunity for a public informational
hearing as set forth below:
(1)
Public notice.
(a)
When the Green Lake County Land Use Planning and Zoning Department receives an application to issue a reclamation permit, it shall publish a public notice of the application no later than 30 days after receipt of a complete application that satisfies § 323-14.
(b)
The notice shall briefly describe the mining
and reclamation planned at the nonmetallic mining site. The notice
shall be published as a Class 1 notice pursuant to § 985.07(1),
Wis. Stats., in the official newspaper of Green Lake County. The notice
shall mention the opportunity for public hearing pursuant to this
section and shall give the locations at which the public may review
the application and all supporting materials, including the reclamation
plan.
(c)
Copies of the notice shall be forwarded by Green
Lake County to the County or applicable local zoning board, the County
and applicable local planning organization, the County Land Conservation
Officer, 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. Green Lake County shall provide for an opportunity
for a public informational hearing on an application or request to
issue a nonmetallic mining reclamation permit as follows:
(a)
If it conducts a zoning-related hearing on the
nonmetallic mine site, Green Lake County shall provide the opportunity
at this hearing to present testimony on reclamation-related matters.
This opportunity shall fulfill the requirement for public hearing
for a nonmetallic mining reclamation permit required by this section.
The Green Lake County Land Use Planning and Zoning Department shall
consider the reclamation-related testimony in the zoning-related hearing
in deciding on a permit application pursuant to this chapter.
(b)
If there is no opportunity for a zoning-related hearing on the nonmetallic mine site as described in Subsection A(2)(a) above, opportunity for a public hearing required by this section shall be provided as follows:
[1]
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 nonmetallic mining site is located or proposed may request a public informational hearing. Green Lake County shall hold a public hearing if requested by any of these persons within 30 days of the actual date of public notice under Subsection A(1) above. 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. The same procedure as described in Subsection A(2) above shall be followed.
[2]
The subject matter and testimony at this informational
hearing shall be limited to reclamation of the nonmetallic mine site.
A.
Permit required. No person may engage in nonmetallic mining or nonmetallic mining reclamation in Green Lake County without first obtaining a reclamation permit issued pursuant to this chapter, except for nonmetallic mining sites that are exempt from this chapter under §§ 323-7A or B or 323-36, Word usage and definitions.
B.
Permit issuance. Applications for reclamation permits for nonmetallic mining that satisfy § 323-14 shall be issued a reclamation permit or otherwise acted on as provided below.
(2)
Green Lake County may not issue an approval without prior or concurrent approval of the reclamation plan that meets the requirements of § 323-15. The regulatory authority may issue a reclamation permit subject to conditions in Subsection E, below 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 that meets the requirements in § 323-14 and reclamation plan that meets the requirements in § 232-15, unless a public hearing is held pursuant to § 323-17. If a public hearing is held, the regulatory authority shall issue the reclamation permit, subject to conditions pursuant to Subsection E if appropriate, or shall deny the permit as provided in § 323-19, no later than 60 days after completing the public hearing.
C.
Automatic permit for local transportation-related
mines.
(1)
Green Lake County shall automatically issue an expedited
permit under this subsection to any borrow site that:
(a)
Will be opened and reclaimed under contract
with a municipality within a period not exceeding 36 months;
(b)
Is a nonmetallic mine which is 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 the municipality;
(c)
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;
(d)
Is not a commercial source;
(e)
Will be constructed, operated and reclaimed
in accordance with applicable zoning requirements, if any; and
(f)
Is not otherwise exempt from the requirements of this chapter under § 323-7B(10).
(3)
Automatic permits shall be issued under this subsection
in accordance with the following provisions:
(a)
The applicant shall notify Green Lake County
of the terms and conditions of the contract with respect to reclamation
of the proposed borrow site.
(b)
The applicant shall provide evidence to Green
Lake County to show that the borrow site and its reclamation will
comply with applicable zoning requirements, if any.
(c)
Green Lake County shall accept the contractual provisions incorporating requirements of the Wisconsin Department of Transportation in lieu of a reclamation plan under § 323-15.
(d)
Green Lake County shall accept the contractual provisions in lieu of the financial assurance requirements in § 323-16.
(e)
The public notice and hearing provisions of § 323-17 do not apply to nonmetallic mining sites that are issued automatic permits under this subsection.
(f)
Mines permitted under this subsection shall pay an annual fee to Green Lake County as provided in § 323-29 but shall not be subject to the plan review fee provided in § 323-28. The total annual fee, including the share of the Department of Natural Resources, shall not exceed the amount in Table 2 of § 323-29.
(g)
Green Lake County shall issue the automatic
permit within seven days of the receipt of a complete application.
(h)
If the borrow site is used concurrently to supply
materials for other than the local transportation project, the automatic
permit in this subsection still applies, provided that the site will
be reclaimed under a contractual obligation with the municipality
in accordance with the Wisconsin Department of Transportation requirements.
D.
Expedited review. Any operator of a nonmetallic mining site may request expedited review of a reclamation permit application under Subsection D(1) or (2) below as follows:
(1)
The operator may submit a request for expedited permit review with payment of the expedited review fee specified in § 323-28B. This request shall state the need for such expedited review and the date by which such expedited review is requested.
(2)
The operator may submit a request for expedited review
under this subsection if the applicant requires a reclamation permit
to perform services under contract with a municipality. This request
for expedited review shall state the need for expedited review and
shall include a copy of the applicable sections of the contract and
the date by which the expedited review is requested.
E.
Permit conditions. Any decision under this section
may include conditions as provided below:
(1)
Green Lake County 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 approval may not include conditions
that are not related to reclamation.
A.
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 frame for permit issuance specified in § 323-18, if Green Lake County finds any of the following:
(a)
The applicant has, after being given an opportunity
to make corrections, failed to provide to Green Lake 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 in this chapter, Ch. NR 135, Wis. Adm. Code, or Subchapter I of Ch. 295, Wis. Stats.
(c)
Denial for violations.
[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.
(2)
A denial under this section shall be in writing and
shall contain documentation of reasons for denial.
A.
Scope of alternative requirements approvable. An operator of a nonmetallic mining site may request an alternative requirement to the reclamation standards established in § 323-13. Green Lake County may approve an alternative requirement to the reclamation standards established in this chapter if the operator demonstrates and Green Lake County finds that all of the following criteria are met:
(1)
The nonmetallic mining site, the surrounding property
or the mining plan or reclamation plan has a unique characteristic
which requires an alternative requirement.
(2)
Unnecessary hardship which is peculiar to the nonmetallic
mining site or plan will result unless the alternative requirement
is approved.
(3)
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.
B.
Procedures for review.
(1)
The operator of a nonmetallic mining site requesting an alternate requirement in Subsection A above shall demonstrate all the criteria in Subsection A above. This shall be submitted in writing to the Green Lake County Land Use Planning and Zoning Department at the Green Lake County Courthouse in the City of Green Lake.
(2)
Public notice.
(a)
When the Green Lake County Land Use Planning
and Zoning Department receives an application to review alternative
requirements for reclamation of a mining site, it shall publish a
public notice of the application no later than 30 days after receipt
of a complete application that details the proposed alternatives.
(b)
The notice shall briefly describe the reclamation
alternatives planned at the nonmetallic mining site. The notice shall
be published as a Class 1 notice pursuant to § 985.07(1),
Wis. Stats., in the official newspaper of Green Lake County. The notice
shall mention the opportunity for public hearing and shall give the
locations at which the public may review the application and all supporting
materials, including the reclamation plan.
(c)
Copies of the notice shall be forwarded by Green
Lake County to the County or applicable local zoning board, the County
and applicable local planning organization, the County Land Conservation
Officer, and owners of land within 300 feet of the boundaries of the
parcel or parcels of land on which the site is located.
(3)
Hearing. Green Lake County shall provide an opportunity
for a public informational hearing on a request to review alternative
requirements for reclamation of a nonmetallic mining site as follows:
(a)
If it conducts a zoning-related hearing on the
nonmetallic mine site, Green Lake County shall provide the opportunity
at this hearing to present testimony on alternative reclamation-related
matters. This opportunity shall fulfill the requirement for public
hearing for review of alternative nonmetallic mining reclamation requirements.
The Green Lake County Land Use Planning and Zoning Department shall
consider the alternative reclamation-related testimony in the zoning-related
hearing in deciding on approval of the alternative requirements for
the mining site
(b)
If there is no opportunity for a zoning-related hearing on the review of alternative nonmetallic mining requirements as described in Subsection B(3)(a) above, opportunity for a public hearing required by this section shall be provided as follows:
[1]
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 review of alternate nonmetallic mining reclamation requirements is located or proposed may request a public informational hearing. Green Lake County shall hold a public hearing if requested by any of these persons within 30 days of the actual date of public notice under Subsection B(2) above. 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 alternative requirements for the nonmetallic mining reclamation.
[2]
The subject matter and testimony at this informational
hearing shall be limited to reclamation of the nonmetallic mine site.
(4)
A request for an alternative requirement may be incorporated
as part of an application to issue or modify a nonmetallic mining
reclamation permit.
C.
Transmittal of decision on request for alternative
requirement. The decision on a request for alternate reclamation requirements
shall be in writing to the applicant and shall include documentation
of why the alternate requirement was or was not approved.
D.
Notice to Wisconsin Department of Natural Resources. Green Lake County shall provide notice to the Wisconsin Department of Natural Resources as set forth in this subsection. Written notice shall be given to the Wisconsin Department of Natural Resources at least 10 days prior to any public hearing held under Subsection B above on a request for an alternate requirement under this section. A copy of any written decision on alternative requirements shall be submitted to the Wisconsin Department of Natural Resources within 10 days of issuance.
A nonmetallic mining reclamation permit issued
under this chapter shall be transferred to a new owner or operator
upon satisfaction of the following conditions:
A.
A nonmetallic mining reclamation permit may be transferred
to a new operator upon submittal to Green Lake 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 Green Lake
County and Green Lake 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 Ch. NR 135, Wis. Adm. Code, that becomes subject to reclamation permitting authority of Green Lake County, the terms and conditions of the previously issued municipal reclamation permit shall remain in force until modified by Green Lake County pursuant to § 323-25A.
Any permitting decision or action made by the
Green Lake 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
Green Lake County's decision to issue, deny or modify a nonmetallic
mining reclamation permit.
