In accordance with the provisions of W.S.A. s. 62.23, the City of Hudson
does hereby enact the following nonmetallic mining and reclamation chapter.
It is the purpose of this chapter to establish regulations for nonmetallic
mining operations and site reclamation to minimize short-term and long-term
adverse effects to the general health, safety and welfare and the environment
and to restore the site to an acceptable landscape appearance and purposeful
use after operations cease.
[Amended by Ord. No. 10-95]
A. This chapter is applicable to all nonmetallic mining
operations and sites within the City of Hudson.
B. This chapter applies 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.
C. To the extent that this chapter is inconsistent with §
255-61 of Chapter
255, Zoning, this chapter shall control.
D. This chapter does not apply to the following activities:
(1) Excavation or grading by a person solely for domestic
use at his or her residence.
(2) Excavations or grading conducted for highway construction
purposes within the highway right-of-way.
(3) Excavations for building construction.
(4) Grading conducted for farming, preparing a construction
site or restoring land following a flood or other natural disaster.
(5) Any mining operation, the reclamation of which is required
in a permit obtained under W.S.A. ch. 293.
(6) Any activities conducted at a solid or hazardous waste
disposal site to prepare, operate or close a solid waste disposal facility
under W.S.A. ch. 289 or a hazardous waste disposal facility under W.S.A. ch.
291. This nonmetallic mining and reclamation chapter applies to activities
related to solid or hazardous waste disposal which are conducted at a nonmetallic
mining site separate from a solid or hazardous waste disposal facility, including
but not limited to obtaining nonmetallic minerals to be used for lining, capping,
covering or constructing berms, dikes or roads.
(7) Any nonmetallic mining site or portion of a site which
is subject to permit and reclamation requirements of the Wisconsin Department
of Natural Resources under W.S.A. ss. 30.19, 30.195 and 30.20.
As used in this chapter, the following terms shall have the meanings
indicated:
NONMETALLIC MINING OPERATION OR OPERATION
All activities performed in extracting from the earth mineral aggregates,
such as stone, decomposed granite, sand and gravel, and nonmetallic minerals,
such as clay, feldspar, peat and topsoil, and related activities, including
but not limited to excavation, grading or dredging, if those activities are
related to the extraction of mineral aggregates and nonmetallic minerals,
and related processes, such as crushing, screening, scalping, dewatering and
blinding.
NONMETALLIC MINING REFUSE
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.
NONMETALLIC MINING SITE OR SITE
The proposed or actual location of a nonmetallic mining operation,
including all surface areas from which minerals are removed, related storage
and processing areas, areas where nonmetallic mining refuse is deposited and
areas disturbed by the nonmetallic mining operation and by other activities,
such as construction or improvement of roads or haulageways.
OPERATOR
Any individual, partnership, firm, association, corporation or other
legal entity who or which applies for or holds a nonmetallic mining permit.
PERMIT
The conditional use permit which is required by this chapter as a
condition precedent to commencing a nonmetallic mining operation.
[Amended by Ord. No. 10-95]
RECLAMATION
The rehabilitation of a nonmetallic mining site, including but not
limited to removing nonmetallic mining refuse, grading of the site, replacing
topsoil, establishing vegetative cover, controlling surface water and groundwater,
taking other steps to minimize erosion, preventing environmental pollution
and restoring plant, fish and wildlife habitat.
REPLACEMENT OF TOPSOIL
Replacing the topsoil which was removed or disturbed by the nonmetallic
mining operation or providing topsoil at the site which is able to sustain
adequate vegetative cover to minimize wind and water erosion.
[Amended by Ord. No. 10-95]
A. Nonmetallic mining operations require a conditional use permit under Chapter
255, Zoning.
B. An application for a conditional use permit must be submitted
to the Department by the operator and shall contain all information required
by the Department. Depending upon the type and scope of the operation, the
Department may require the following:
(1) An operation plan which contains:
(a) The legal description of the site and a copy of the deed
or other recorded document showing ownership of the site.
(b) If the operator is not the owner of the site, a copy
of the agreement with the owner authorizing the operator to conduct a nonmetallic
mining operation on the site.
(c) A map showing the location of the site structures, navigable
bodies of water and other significant features in adjoining areas.
(d) A topographic and drainage map at a minimum contour interval
of 20 feet for the site and 200 feet beyond the site on all sides.
(e) A scale drawing showing locations of stockpiles, storage
yards, on-site roads and structures.
(f) Dates of commencement and cessation of the operation.
(g) Location of water tables within the site and adjoining
area.
(h) Length, width and depth of excavation. All horizontal
and vertical measurements shall be referenced to a permanent reference point.
(i) Estimated volume of material to be removed.
(j) Description of machinery and equipment to be used.
(k) Estimated daily quantity of water required, water source
and method of disposing of water.
(m) Days and hours of operation.
(n) Measures to be taken to screen the operation from view
of surrounding land uses, temporary erosion control measures and measures
to be taken to minimize noise and dust during operation.
(o) Method of topsoil stripping and storage.
(p) Type and quantities of chemicals used in processes.
(q) Any other information the Department or Board deems necessary
owing to the uniqueness of a site, operator or application.
(2) A reclamation plan which contains:
(a) A description of the proposed reclamation, including
final land use, final land shape, final topography and drainage. The angle
of repose shall be a ratio of not less than 2:1.
(b) A description of the sequence of reclamation activities
as areas of the site become inactive.
(c) Method of topsoil replacement, seeding method and rate,
type of seed and techniques to be utilized for temporary soil and slope stabilization,
such as mulching or netting.
(d) Date of commencement and duration of reclamation.
(e) Any other information the Department or Board deems necessary
owing to the uniqueness of a site, operator or application.
C. The Department may request review of the plan by the
County Land Conservation Office.
D. The completed application shall be submitted to the Plan
Commission and Common Council by the Department for approval, approval with
modifications or conditions or denial.
Failure to comply with this chapter authorizes the Board to issue a compliance order, field directive, suspension order or termination order. The operator may also be cited for violation of this chapter and, upon conviction, shall pay a forfeiture as provided in Chapter
1, §
1-18 of this Code. Each day of violation shall be deemed to be a separate offense.