No person may engage in nonmetallic mining or in nonmetallic mining reclamation without possessing a nonmetallic mining reclamation permit issued pursuant to the applicable reclamation ordinance, unless the activity is specifically exempted in § 357-8. All applications for permits under this article shall be submitted on a form provided by the county and shall include the following information:
A.
A brief description of the general location and nature of the nonmetallic
mine.
B.
An accurate legal description of the property on which the nonmetallic
mine is located or proposed, including the tax parcel identification
number(s).
C.
The names, addresses and telephone numbers of all persons or organizations
who are owners or lessors of the property on which the nonmetallic
mining site is located.
D.
The name, mailing address, electronic mail address and telephone
number of the person or organization who is the operator and the person
who is the primary contact of the reclamation plan.
All operators of nonmetallic mining sites shall submit the necessary
application materials as set forth below:
A.
Local transportation-related mines.
(1)
The operator of an existing or proposed nonmetallic mine meeting the following criteria shall apply for an automatic permit under Subsection A(2):
(a)
It will be opened and reclaimed under contract with a municipality
within a period not exceeding 36 months;
(b)
It is a nonmetallic mine intended to provide stone, soil, sand
or gravel for the construction, reconstruction, maintenance or repair
of a highway, railroad, airport facility or other transportation facility
under contract with a municipality;
(c)
It is regulated and will be reclaimed under contract with the
municipality in accordance with the requirements of the Wisconsin
Department of Transportation concerning the restoration of nonmetallic
mining sites;
(d)
It does not provide nonmetallic mining materials to sources
outside of a municipal contract;
(e)
It will be constructed, operated and reclaimed in accordance
with applicable zoning requirements, if any; and
(2)
To request an automatic permit under this subsection, the applicant
shall submit the following:
(b)
Written documentation of the terms and conditions of the contract
with respect to reclamation of the proposed borrow site, including
a copy of the reclamation plan and the name, address and telephone
number of the person charged with oversight and enforcement of the
reclamation provisions;
(c)
Written evidence reflecting that the borrow site and its reclamation
are in compliance with applicable zoning requirements, if any; and
B.
New mines. The operator of any nonmetallic mine site shall submit
all the items listed below to the county and Town prior to beginning
operations:
A.
Permit for new mines. Applications for reclamation permits submitted under § 357-27B shall be reviewed and processed in accordance with the following:
(1)
Within 30 days of receipt of all the required application materials,
the county shall:
(a)
Determine if the applicable requirements of this chapter have
been met;
(b)
Determine if there is a need for additional information or changes
to the reclamation plans or other materials to comply with this chapter;
(3)
If the county approves all the materials submitted and determines that a public informational hearing is required, the county shall publish a public notice and provide an opportunity for public hearing in accordance with Article VI.
(5)
Notwithstanding Subsection B(1), the county shall accept and approve existing reclamation plans that have been submitted to meet the requirements of this chapter, provided the following:
(6)
The county may approve the reclamation plan and other submittals
with conditions that it deems necessary to ensure compliance with
the requirements of this chapter.
(8)
The regulatory authority may issue a reclamation permit or approve a reclamation plan subject to general or site-specific conditions if needed to assure compliance with the nonmetallic mining reclamation requirements of this chapter. The approvals may not include conditions that are not related to reclamation. One required condition of the issued permit shall be that the new mine obtain financial assurance pursuant to Article IV prior to beginning mining.
B.
Automatic permit for local transportation-related mines. The following conditions and procedures shall apply to all permit applications received under § 357-27A:
(1)
The county shall accept the contractual provisions incorporating requirements of the Wisconsin Department of Transportation in lieu of a reclamation plan under Article III.
(2)
The county shall accept the contractual provisions in lieu of the financial assurance requirements under Article IV.
(3)
The public notice and hearing provisions of Article VI do not apply to nonmetallic mining sites that are issued automatic permits under this subsection.
(4)
Within seven days of receipt of the information under §§ 357-26 and 357-27, the Town shall determine if all of the conditions of this subsection have been met and shall notify the applicant of the results of this determination in written or electronic form. If all conditions have been met, the Town shall issue an automatic permit. If all the conditions have not been met, any resubmittals shall be subject to the same timeline for review.
C.
Permit issuance. Unless denied pursuant to § 357-30, the regulatory authority shall approve in writing an application submitted pursuant to § 357-27B to issue a nonmetallic mining reclamation permit for a proposed nonmetallic mine. The regulatory authority may issue a reclamation permit subject to conditions in Subsection A(8) if appropriate. The permit decision shall be made no sooner than 30 nor later than 90 days following receipt of the complete reclamation permit application and reclamation plan that meets the requirements of Article III pursuant to this article, unless a public hearing is held pursuant to Article VI. If a public hearing is held, the regulatory authority shall issue the reclamation permit, subject to conditions pursuant to Subsection A(8) if appropriate, or shall deny the permit as provided in § 357-30 no later than 60 days after completing the public hearing.
D.
Cooperative issuance by multiple authorities. If more than one regulatory
authority has jurisdiction over a single new nonmetallic mining site,
the regulatory authorities shall cooperatively issue a single reclamation
permit for the new nonmetallic mining site. Any unresolvable issues
may be referred to the Department under § NR 135.52, Wis.
Adm. Code.
A.
Any permit applicant may request expedited review of a reclamation
permit application in accordance with the following:
(1)
The request for expedited permit review shall be submitted in writing
during the permit application process under this article, stating
the need for such expedited review and the date by which such expedited
review is requested; and
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 frames established under this section,
if the county finds any of the following:
(1)
The applicant has, after being given an opportunity to make corrections,
failed to provide to the county an adequate permit application, reclamation
plan, financial assurance or any other submittal required by Ch. NR
135, Wis. Adm. Code, or this chapter.
(2)
The proposed nonmetallic mining site cannot be reclaimed in compliance
with the reclamation standards contained this chapter, Ch. NR 135,
Wis. Adm. Code, or Subchapter I of Ch. 295, Wis. Stats.
(3)
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.
The following may be considered in making this determination of a
pattern of serious violations:
(a)
Results of judicial or administrative proceedings involving
the operator or its agent, principal or predecessor.
(b)
Suspensions or revocations of nonmetallic mining reclamation
permits pursuant to this chapter, other reclamation ordinances or
Ch. NR 135, Wis. Adm. Code.
(c)
Forfeitures of financial assurance.
(4)
A denial under this section shall be in writing and shall provide
the reasons for denial.
A.
A nonmetallic mining reclamation permit issued under this chapter shall continue through operation and reclamation of the nonmetallic mining site, unless suspended or revoked pursuant to § 357-38 or after enforcement provisions of this chapter.
B.
If the mine operator is not the landowner, the reclamation permit
duration shall not exceed the duration of the mine lease unless the
lease is renewed or the permit is transferred to a subsequent lessee
pursuant to the provisions of this chapter.
A nonmetallic mining reclamation permit issued under this chapter
may be transferred to a new owner or operator upon satisfaction of
the following conditions:
A.
A nonmetallic mining reclamation permit may be transferred to a new
operator upon submittal to the county of proof of financial assurance
and a written certification by the proposed successor 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 the county and the county makes
a written finding that all conditions of the permit will be complied
with. The previous operator shall maintain financial assurance until
the successor operator has received approval and provided the financial
assurance under this section.
A nonmetallic mining site that becomes subject to reclamation permitting authority of the county after already being issued a reclamation permit pursuant to Ch. NR 135, Wis. Adm. Code, shall be subject to the terms and conditions of the previously issued permit until modified by the county pursuant to § 357-37.
Any permitting decision or action made by the county under this
chapter may be reviewed as set forth in this section. Notwithstanding
§§ 68.01, 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 the county's decision to issue, deny or modify a nonmetallic
mining reclamation permit.