All nonmetallic mining sites subject to this chapter shall be
reclaimed in conformance with the standards contained below.
Nonmetallic mining reclamation shall be conducted and completed
in a manner that assures compliance with the Wisconsin Department
of Natural Resources water quality standards for surface waters and
wetlands contained in Chs. NR 102 to NR 105, Wis. Adm. Code. Before
disturbing the surface of a nonmetallic mining site and removing topsoil,
all necessary measures for diversion and drainage of runoff from the
site to prevent pollution of waters of the state shall be installed
in accordance with the reclamation plans approved pursuant to this
chapter and provisions of Chapter 17 of the Washington County Code.
Diverted or channelized runoff resulting from reclamation may not
adversely affect neighboring properties.
Topsoil or topsoil substitute material shall be redistributed
in accordance with the reclamation plan approved pursuant to this
chapter in a manner which minimizes compaction and prevents erosion.
Topsoil or topsoil substitute material shall be uniformly redistributed,
except where uniform redistribution is undesirable or impractical.
Topsoil or topsoil substitute material redistribution may not be performed
during or immediately after a precipitation event until the soils
have sufficiently dried.
Intermittent mining may be conducted, provided that the possibility of intermittent cessation of operations is addressed in an operator's reclamation permit, no environmental pollution or off-site sedimentation is occurring, and financial assurance for reclamation pursuant to Article
IV is maintained covering all remaining portions of the site that have been affected by nonmetallic mining and that have not been reclaimed.
During the period of the site reclamation, after the operator
has stated that reclamation is complete but prior to release of financial
assurance, the operator shall perform any maintenance necessary to
prevent erosion, sedimentation or environmental pollution, comply
with the standards of this article, or to meet the goals specified
in the reclamation plan approved pursuant to this chapter.
Alternatives to the standards under §§
357-12 through
357-18 may be requested and considered as set forth below:
A. Scope of approvable alternative requirements. An operator of a nonmetallic
mining site may request an alternative requirement to the reclamation
standard established in this article. The Town and county may approve
an alternative requirement to the reclamation standards established
in this chapter if the operator demonstrates and the county and Town
find 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 unique 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. Request procedures. A request for alternative requirements shall be in writing and submitted in conjunction with an application for a new or modified reclamation permit. The request shall describe how criteria under Subsection
A apply to the site.
C. Decisions. The Town and county shall, within 30 days of receipt of the request, transmit in writing their decision to approve, conditionally approve or deny the request, basing their determination of compliance on the criteria under Subsection
A. The written response shall include reasons why the request was or was not approved.
D. Notice to Wisconsin Department of Natural Resources. A copy of any
written decision by the Town and county on alternative requirements
shall be submitted to the Wisconsin Department of Natural Resources
within 10 days of issuance.