All operators who conduct or plan to conduct nonmetallic mining
subject to this chapter shall submit to Pierce County a reclamation
plan that meets the following requirements and complies with the reclamation
standards of this chapter:
A. 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 the 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 sites.
(4) Existing topography as shown on contour maps of the site at five-foot
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.
B. 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.
C. 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 §
241-11E.
(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
percentage 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 water and groundwater.
(9) A description of any areas which will be reclaimed on an interim basis sufficient to qualify for the waiver of fees and the release of financial assurance pursuant to §
241-29 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
a 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.
D. Criteria of reclamation plan. The reclamation plan shall contain criteria for assuring successful reclamation in accordance with §
241-11H.
E. Certification of reclamation plan. The operator shall provide a signed
certification that will be carried out in accordance with the reclamation
plan. The landowner and lessee, if different from the operator, shall
also provide signed certification that they concur with the reclamation
plan and will allow its implementation.
F. Existing plans and approval. 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.
G. Approval of reclamation plan. Pierce County shall approve, conditionally approve or deny the reclamation plan submitted under this section in writing in accordance with §
241-16B for mines that apply for a reclamation permit in conformance with §
241-12. Conditional approvals of reclamation plans shall be made according to §
241-16D and denials of reclamation plans shall be made pursuant to §
241-17. 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.
An application for a nonmetallic mining reclamation permit shall
be denied as set forth below.
A. An application to issue a nonmetallic mining reclamation permit shall be denied, within the time frame for permit issuance specified in §
241-16, if Pierce County finds any of the following:
(1) The applicant has, after being given an opportunity to make corrections,
failed to provide to Pierce County an adequate permit application,
reclamation plan, financial assurance or any other submittal required
by Chapter NR 135, Wisconsin Administrative Code, or this chapter.
(2) The proposed nonmetallic mining site cannot be reclaimed in compliance
with the reclamation standards contained in this chapter, Chapter
NR 135, Wisconsin Administrative Code, or Subchapter I of Chapter
295, Wis. Stats.
(3) Patterns of serious violations.
(a)
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.
(b)
The following may be considered in making this determination
of a pattern of serious violations:
[1]
Results of judicial or administrative proceedings involving
the operator or its agent, principal or predecessor.
[2]
Suspensions or revocations of nonmetallic mining reclamation
permits pursuant to this chapter, other reclamation ordinances or
Chapter NR 135, Wisconsin Administrative Code.
[3]
Forfeitures of financial assurance.
(c)
A denial under this subsection shall be in writing and shall
contain documentation of reasons for denial.
B. A decision to deny an application to issue a reclamation permit may be reviewed under §
241-22.
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 reclamation mining permit may be transferred to a new
operator upon submittal to Pierce 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 Pierce County and Pierce 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 Pierce County, the terms and conditions of the previously issued municipal reclamation permit shall remain in force until modified by Pierce County pursuant to §
241-23A.
Any permitting decision or action made by Pierce 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 Pierce County's decision to issue, deny or modify
a nonmetallic mining reclamation permit.