Town of Genesee, WI Article III Permitting

§ 400-10 Reclamation permit.

A. Required submittal. The operators of all nonmetallic mining sites that operate on or after August 1, 2001, shall apply for a reclamation permit from the Town of Genesee Town Board or its designee. All reclamation permit applications under this section shall be accompanied by the information required by § NR 135.18, Wis. Adm. Code.

[Amended 12-10-2007 by Ord. No. 07-5[1]]

[1] Editor's Note: This ordinance also repealed original § 11.20, Existing mines, which immediately followed this subsection.

B. New mines. The operator of any nonmetallic mine site that engages in or plans to engage in nonmetallic mining that will begin operations after August 1, 2001, shall submit an application that meets the requirements of § NR 135.18(2), Wis. Adm. Code, and the submittals required under Subsection A of this section to the Town of Genesee Town Board or its designee prior to beginning operations. This application shall be accompanied by a plan review fee as specified in § 400-24.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 400-11 Reclamation plan.

A. Reclamation plan requirements. All operators of nonmetallic mining sites subject to this chapter shall prepare and submit a reclamation plan that meets the requirements of § NR 135.19, Wis. Adm. Code.[1]

[1] Editor's Note: Original § 12.20, Existing mines, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. New mines. The operator of any nonmetallic mining site that applies for a permit in conformance with § 400-10B shall submit the reclamation plan required by Subsection A with its application for a reclamation permit.[2]

[2] Editor's Note: Original § 12.40, Existing plans and approvals, which immediately followed this subsection, was repealed 12-10-2007 by Ord. No. 07-5.

C. Approval of reclamation plan. The Town of Genesee shall approve, conditionally approve or deny the reclamation plan submitted under this section in writing as part of permit issuance pursuant to § 400-14B for new mines. Conditional approvals of reclamation plans shall be made according to § 400-14E and denials of reclamation plans made according to § 400-15. The operator shall keep a copy of the reclamation plan required by this section, once approved by the Town of Genesee under this chapter, at the mine site or, if not practicable, at the operator's nearest office or place of business.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 400-12 Financial assurance.

A. Financial assurance requirements. All operators of nonmetallic mining sites in the Town of Genesee shall prepare and submit a proof of financial assurance of successful reclamation that meets the requirement of § NR 135.40, Wis. Adm. Code.[1]

[1] Editor's Note: Original § 13.20, Existing mines, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. New mines. The operator of any nonmetallic mining site that applies for a reclamation permit in conformance with § 400-10B shall submit the proof of financial assurance required by Subsection A as specified in the reclamation permit issued to it 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.

§ 400-13 Public notice and hearing.

A. New mines. The Town of Genesee Town Board shall provide public notice and the opportunity for a public information hearing as set forth in § NR 135.20(1) and (2), Wis. Adm. Code, for any nonmetallic mining site for which a complete reclamation permit application that satisfies § 400-10B is received.[1]

[1] Editor's Note: Original § 14.20, Existing mines, which immediately followed this subsection, was repealed 12-10-2007 by Ord. No. 07-5.

B. Local transportation-related mines. No public notice or informational hearing is required for a nonmetallic mining reclamation permit issued to a local transportation-related mine pursuant to § 400-14C.

§ 400-14 Issuance of permit.

A. Permit required. Every operator of a nonmetallic mining site in the Town of Genesee which engages in or plans to engage in nonmetallic mining after August 1, 2001, shall obtain a reclamation permit issued under this section, except nonmetallic mining sites exempt from this chapter as provided in § 400-6B. No person may engage in nonmetallic mining or nonmetallic mining reclamation after August 1, 2001, without a reclamation permit issued pursuant to this chapter.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original § 15.20, Automatic permit for existing mines, and § 15.30, Evaluation of follow-up submittals for existing mines, which immediately followed this subsection, were repealed 12-10-2007 by Ord. No. 07-5.

B. Permit issuance for new mines. Applications for reclamation permits for nonmetallic mining sites that satisfy § 400-10B shall be issued a reclamation permit or otherwise acted on as provided in § NR 135.21(1), Wis. Adm. Code. The permit shall require compliance with a reclamation plan submitted by the applicant that conforms to § 400-11B and provision by the applicant of financial assurance that conforms to § 400-12B payable to the Town of Genesee prior to beginning mining.

[Amended 12-10-2007 by Ord. No. 07-5[2]]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. Automatic permit for local transportation-related mines. The Town of Genesee Board or its designee shall issue an automatic permit under this subsection for any borrow site operated to provide material for a locally administered transportation project that meets the criteria in § NR 135.23(1)(a), Wis. Adm. Code. This automatic permit shall be issued according to the provisions of § NR 135.23(1)(b) through (j), Wis. Adm. Code.

D. Expedited review. Any operator of a nonmetallic mining site may obtain an expedited review of a reclamation permit application by paying the expedited review fee specified in § 400-23B. The expedited review shall be carried out according to the provisions of § NR 135.23(2), Wis. Adm. Code. Such expedited review shall not waive, shorten or otherwise affect the public notice and right of hearing pursuant to § 400-13.

E. Permit conditions. Permits issued under this section may include conditions as provided in § NR 135.21(2), Wis. Adm. Code. One required condition shall be that new mines shall obtain financial assurance prior to beginning mining pursuant to § NR 135.40, Wis. Adm. Code.

[Amended 12-10-2007 by Ord. No. 07-5]

§ 400-15 Permit denial.

An application for a nonmetallic mining reclamation permit shall be denied if any of the factors specified in § NR 135.22, Wis. Adm. Code, exist.

§ 400-16 Alternative requirements.

A. Scope of alternative requirements approvable. An operator of a nonmetallic mining site may request an alternative requirement to any reclamation standard established in § 400-9. Such a request may be made only on the basis of the criteria set forth in § NR 135.26(1), Wis. Adm. Code.

B. Procedures. The operator of a nonmetallic mining site requesting an alternate requirement in Subsection A shall demonstrate all the criteria in § NR 135.26(1), Wis. Adm. Code. This shall be submitted in writing to the Town of Genesee, Town Board, P.O. Box 242, Genesee Depot, WI 53127.

C. Transmittal of decision on request for alternate requirements. The decision on a request for alternative requirements shall be in writing to the applicant and shall include documentation of why the alternative requirement was or was not approved.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

D. Notice to Wisconsin Department of Natural Resources. The Town of Genesee Town Board or its designee shall provide notice to the Wisconsin Department of Natural Resources as provided in § NR 135.26(3)(a), Wis. Adm. Code.

§ 400-17 Permit duration.

A nonmetallic mining reclamation permit issued under this chapter shall last through operation and reclamation of the nonmetallic mining site, unless suspended or revoked pursuant to § 400-21, or as limited under § NR 135.27, Wis. Adm. Code, where the mine operator is not the landowner.

§ 400-18 Permit transfer.

A nonmetallic mining reclamation permit issued under this chapter shall be transferred to a new owner or operator upon satisfaction of the conditions in § NR 135.28, Wis. Adm. Code.

§ 400-19 Review of permit decision.

Any permitting decision or action made by the Town of Genesee Town Board or its designee under this chapter may be reviewed as set forth in § NR 135.30, Wis. Adm. Code.