This chapter shall be known as the "Nonmetallic Mining Reclamation
Ordinance for the Town of Barton."
The purpose of this chapter is to adopt and implement effective
reclamation requirements for nonmetallic mining sites in the Town
of Barton, in compliance with Ch. NR 135, Wis. Adm. Code, and Subchapter
I of Ch. 295, Wis. Stats. This chapter is not intended to relax, impair
or interfere with any existing reclamation requirements that have
been established for nonmetallic mines through local zoning regulations
prior to the effective date of this chapter. This chapter is also
not intended to interfere with or alter any existing zoning rules
or regulations relating to the location, operation or end land use
of a nonmetallic mining facility.
This chapter is adopted under authority of § 295.13(1),
Wis. Stats., § NR 135.32, Wis. Adm. Code, and § 60.23,
Wis. Stats.
This chapter is not intended to repeal, abrogate, annul, impair
or interfere with any existing laws, rules, regulations, ordinances
or permits not concerning nonmetallic mining reclamation previously
adopted pursuant to other Wisconsin law.
In their interpretation and application, the provisions of this
chapter shall be held to be the applicable requirements for nonmetallic
mining reclamation and shall not be deemed a limitation or repeal
of any other power granted by the Wisconsin Statutes outside the reclamation
requirements for nonmetallic mining sites required by Subchapter I
of Ch. 295, Wis. Stats., and Ch. NR 135, Wis. Adm. Code. Where any
provision or requirements of this chapter are determined to be inconsistent
or conflicting, the more restrictive requirements or interpretation
shall apply. Where a provision of this chapter is required by Wisconsin
Statutes, or by Ch. NR 135, Wis. Adm. Code, and where the provision
of this chapter is unclear, the provision shall be interpreted to
be consistent with the Wisconsin Statutes and the provisions of Ch.
NR 135, Wis. Adm. Code.
The provisions of this chapter shall apply to all nonmetallic
mining operations located within the jurisdictional boundaries of
the Town of Barton. The jurisdiction is also subject to an intergovernmental
agreement with Washington County for ordinance administration services
and compliance.
A.
The requirements of this chapter shall apply to all nonmetallic mining
sites and operators of nonmetallic mining sites within the Town of
Barton, except for the following:
B.
The requirements of this chapter apply to nonmetallic mining conducted by or on behalf of the State of Wisconsin, by or on behalf of a county, municipality or for the benefit or use of the state or any state agency, board, commission or department, except for requirements exempted in § 357-8 and those requirements relating to financial assurance under Article IV.
This chapter does not apply to the following:
A.
Nonmetallic sites or portions thereof not used for nonmetallic mining
or purposes related to nonmetallic mining after August 1, 2001.
B.
Areas previously mined but used after August 1, 2001, for a nonmining
activity, such as stockpiles of materials used for an industrial process
unrelated to nonmetallic mining.
C.
Nonmetallic mining at a site or portions thereof subject to permit
and reclamation requirements of the Wisconsin Department of Natural
Resources under § 30.19, 30.195 or 30.20, Wis. Stats., and
complies with Ch. NR 340, Wis. Adm. Code.
D.
Excavations subject to the permit and reclamation requirements of
§ 30.30 or 30.31, Wis. Stats.
E.
Excavations or grading by a person solely for domestic or farm use
at that person's residence or farm.
F.
Excavations or grading conducted for the construction, reconstruction,
maintenance or repair of a highway, railroad, airport facility, or
any other transportation facility where the excavation or grading
is entirely within the property boundaries of the transportation facility.
G.
Grading conducted for preparing a construction site or restoring
land following a flood or natural disaster.
H.
Excavations for building construction purposes conducted on the building
site where the removal or sale of nonmetallic materials from the site
is determined by the county or Town to be incidental to the project
and an approved site stabilization plan has been approved as a condition
of a building permit.
I.
Nonmetallic mining at nonmetallic mining sites where less than one
acre of total effective acreage occurs over the life of the mine.
J.
Any mining operation, the reclamation of which is required in a permit
obtained under Ch. 293, Wis. Stats.
K.
Any activities required to prepare, operate or close a solid waste
disposal facility under Ch. 289, Wis. Stats., or a hazardous waste
disposal facility under Ch. 291, Wis. Stats., that are conducted on
the property where the facility is located. This exemption does not
apply to off-site mining activities such as activities to obtain nonmetallic
minerals to be used for lining, capping, covering or constructing
berms, dikes or roads.
L.
Nonmetallic mining conducted to obtain stone, soil, sand or gravel
for construction, reconstruction, maintenance or repair of a highway,
railroad, airport, or any other transportation facility or part thereof,
subject to the following provisions:
(1)
The nonmetallic mining operation is subject to the requirements of
the Wisconsin Department of Transportation concerning the reclamation
of the nonmetallic mining site;
(2)
The Wisconsin Department of Transportation is actively enforcing
reclamation requirements, and the operator reclaims the nonmetallic
mining site in accordance with these requirements;
(3)
The purpose of the nonmetallic mining operation is limited to supplying
nonmetallic minerals to the transportation project;
(4)
The duration of the exemption shall be specific to the length of
the Wisconsin Department of Transportation contract for construction
of a specific transportation project and duration;
(5)
For sites under Subsection J used to concurrently supply materials for projects unrelated to the Wisconsin Department of Transportation project, the exemption in this subsection still applies, provided that the site is fully reclaimed under Wisconsin Department of Transportation contract and supervision.
M.
Dredging for navigational purposes, to construct or maintain farm
drainage ditches, to maintain water depth in an existing pond or stormwater
management facility and for the remediation of environmental contamination
and the disposal of spoils from these activities.
N.
Areas previously mined but used after August 1, 2001, for a nonmining
activity, such as stockpiling of materials used for an industrial
activity such as an asphalt plant, concrete batch plant, block and
tile operation or other industry that uses products produced from
nonmetallic mining.
This chapter shall be administered by the Washington County
Land and Water Conservation Division of the Planning and Parks Department
pursuant to the intergovernmental agreement entered into between the
Town of Barton and Washington County.
For the purposes of administering and enforcing this chapter,
the terms or words used herein shall be interpreted as commonly used,
unless a specific definition is provided. Words used in the present
tense include the future, words used in the singular number shall
include the plural number, and words in the plural number include
the singular number. The word "shall" is mandatory, not permissive.
The following terms used in this chapter mean:
An alternative to the reclamation standards of this chapter provided through a written authorization granted by Washington County pursuant to § 357-21.
An area outside of a transportation project site from which
stone, soil, sand or gravel is excavated for use at the project site,
except the term does not include commercial sources.
The sequential or progressive reclamation of portions of
the nonmetallic mining site affected by mining operations performed
in advance of final site reclamation, but which may or may not be
final reclamation, performed to minimize the area exposed to erosion,
at any one time, by nonmetallic mining activities.
Washington County or the Washington County Land and Water
Conservation Division of the Planning and Parks Department.
Has the meaning in § 295.11(2), Wis. Stats.
A nonmetallic mine where nonmetallic mining takes place before
August 1, 2001.
A commitment of funds or resources by an operator to satisfy the requirements in Article IV and is sufficient to cover all costs relating to reclamation activities required by this chapter.
A vertical or nearly vertical face in solid rock or a slope
of consolidated or unconsolidated material that is steeper than 3:1.
The temporary cessation of mining activities on a nonmetallic
mining site or a portion or portions of a nonmetallic mining site.
The person who has fee simple title to land or who holds
a land contract for the land. A landowner is not a person who owns
nonmetallic mineral rights to land, if a different person possesses
fee simple title to that land or holds a land contract for that land.
A person who is licensed as a professional geologist pursuant to Ch. 470, Wis. Stats.
The Town of Barton.
A product, commodity or material consisting principally of
naturally occurring, organic or inorganic, nonmetallic, nonrenewable
material. Nonmetallic minerals include, but are not limited to, stone,
sand, gravel, asbestos, beryl, diamond, clay, coal, feldspar, peat,
talc and topsoil.
All of following:
Operations or activities at a nonmetallic mining site for the
extraction from the earth of mineral aggregates or nonmetallic minerals
for sale or use by the operator. Nonmetallic mining includes use of
mining equipment or techniques to remove materials from the in-place
nonmetallic mineral deposit, including but not limited to drilling,
blasting, excavating, grading and dredging. Nonmetallic mining does
not include removal from the earth of products or commodities that
contain only minor or incidental amounts of nonmetallic minerals,
such as commercial sod, agricultural crops, ornamental or garden plants,
forest products, trees or plant nursery stock.
Processes carried out at a nonmetallic mining site that are
related to the preparation or processing of the mineral aggregates
or nonmetallic minerals obtained from the nonmetallic mining site.
These processes include but are not limited to stockpiling of materials,
blending mineral aggregates or nonmetallic minerals with other mineral
aggregates or nonmetallic minerals, blasting, grading, crushing, screening,
scalping and dewatering.
The rehabilitation of a nonmetallic mining site to achieve
a land use specified in a nonmetallic mining reclamation plan approved
under this chapter, including removal or reuse of nonmetallic mining
refuse, grading of the nonmetallic mining site, removal or reuse or
replacement of topsoil, stabilization of soil conditions, reestablishment
of vegetative cover, control of surface water and groundwater, prevention
of environmental pollution and, if applicable, the restoration of
plant, fish and wildlife habitat.
Waste soil, rock and mineral, as well as other natural site
material resulting from nonmetallic mining. Nonmetallic mining refuse
does not include marketable by-products resulting directly from or
displaced by the nonmetallic mining that are scheduled to be removed
from the nonmetallic mining site within a reasonable period of time
after extraction.
All contiguous areas where present or proposed mining activities
are conducted, including the following:
The location where nonmetallic mineral extraction is proposed
or conducted.
Storage and processing areas that are in or contiguous to areas
excavated for nonmetallic mining.
Areas where nonmetallic mining refuse is deposited.
Areas affected by activities such as the construction or improvement
of private roads or haulageways for nonmetallic mining.
Areas where grading or regrading is necessary to conduct nonmetallic
mining or to carry out an approved nonmetallic mining reclamation
plan.
Areas where nonmetallic mining reclamation activities are carried
out or structures needed for nonmetallic mining reclamation, such
as topsoil stockpile areas, revegetation test plots, or channels for
surface water diversion, are located.
Any person who is engaged in, or who has applied for a permit
to engage in, nonmetallic mining, whether individually, jointly or
through subsidiaries, agents, employees, contractors or subcontractors.
An individual, owner, operator, corporation, limited-liability
company, partnership, association, county, municipality, interstate
agency, state agency or federal agency.
A person who is registered as a professional engineer pursuant
to § 443.04, Wis. Stats.
Either of the following:
The county in which the nonmetallic mining site is located, that has an applicable reclamation ordinance under § 295.13, Wis. Stats., except where a municipality has adopted an applicable reclamation ordinance pursuant to Subsection B.
The municipality in which the nonmetallic mining site is located
and which has adopted an applicable reclamation ordinance under § 295.14,
Wis. Stats.
The Department, in cases where a county mining reclamation program
is no longer in effect under § 295.14, Wis. Stats., but
only if there is no applicable reclamation ordinance enacted by the
municipality in which the nonmetallic site is located.
The replacement or redistribution of topsoil or topsoil substitute
material to all areas where topsoil was actually removed or affected
by nonmetallic mining for the purposes of providing adequate vegetative
cover and stabilization of soil conditions needed to achieve the approved
post-mining land use and as required by the reclamation plan approved
pursuant to this chapter.
Any garbage, refuse, sludge from a waste treatment plant,
water supply treatment plant or air pollution control facility and
other discarded or salvageable materials, including solid, liquid,
semisolid or contained gaseous materials resulting from industrial,
commercial, mining and agricultural operations and from community
activities, but does not include solids or dissolved material in domestic
sewage or solid or dissolved materials in irrigation return flows
or industrial discharges which are point sources subject to permits
under Ch. 283, Wis. Stats., or source material, special nuclear material
or by-product material, as defined in § 254.31(1), Wis.
Stats.
The surface layer of soil which is generally more fertile
than the underlying soil layers, which is the natural medium for plant
growth and which can provide the plant growth, soil stability and
other attributes necessary to meet the success standards approved
in the reclamation plan.
Soil or other unconsolidated material either used alone or
mixed with other beneficial materials and which can provide the plant
growth, site stability and other attributes necessary to meet the
success standards approved in the reclamation plan.
Those areas in which nonmetallic mining has occurred after August 1, 2001, but which have not been reclaimed or certified as reclaimed under § 357-48.
