Town of Barton, WI
Washington County
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Table of Contents
Table of Contents
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.
E. 
A certification by the operator of his or her intent to comply with the nonmetallic mining reclamation standards established by Article II.
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
(f) 
It is not otherwise exempt from the requirements of this chapter under § 357-8.
(2) 
To request an automatic permit under this subsection, the applicant shall submit the following:
(a) 
A completed permit application in accordance with § 357-26;
(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
(d) 
The first year's annual fee, in accordance with a fee schedule established by the county and/or under § 357-44. Mines permitted under this subsection shall not be subject to the plan review fee under § 357-43.
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:
(1) 
A completed application form as required by § 357-26;
(2) 
The plan review and annual fees required under Article IX;
(3) 
A reclamation plan conforming to Article III; and
(4) 
A certification by the operator that, as a condition of the reclamation permit, he or she will provide financial assurance as required under Article IV.
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;
(c) 
Determine if public notice is required pursuant to Article VI for previously approved reclamation plans that require changes to comply with this chapter; and
(d) 
Notify the applicant of the results of the determinations under Subsection A(1)(a) through (c), including what additional information or changes are needed. Notification shall be in written or electronic form, unless otherwise waived by the applicant.
(2) 
If the county determines that all of the requirements of this chapter have been met, and no public notice is required under Subsection A(1)(c), all the submittals shall be approved by the county and a permit shall be issued upon compliance with the financial assurance provisions under Article IV.
(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.
(4) 
Any resubmittals under this section shall be subject to the procedures in §§ 357-26 through 357-28.
(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:
(a) 
They have been approved by the county; and
(b) 
The county finds that the document designates a post-mining land use and describes reclamation measures that meet the reclamation standards of this chapter.
(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.
(7) 
The county may deny a permit application in accordance with § 357-30.
(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.
(5) 
Mines permitted under this subsection shall pay an annual fee to Washington County or the Town as provided in § 357-44 but shall not be subject to the plan review fee provided in § 357-43.
(6) 
Notwithstanding Article VIII, the operator of a borrow site under this subsection is required to submit only the information in an annual report necessary to identify the borrow site and to determine the applicable annual fee.
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
(2) 
The additional fee for expedited reviews established by the county under § 357-43B shall be paid at the time of application.
B. 
Following receipt of a request under this section, the county shall inform the applicant of the estimated date for decision on issuance of the permit. If the applicant then elects not to proceed with the expedited review, the fee paid under Subsection A shall be returned.
C. 
Expedited review under this section shall not waive, shorten or otherwise affect the public notice and right of hearing pursuant to Article VI. This section does not impose an obligation upon the county to act upon a permit application under this section by a specific date.
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.
B. 
A decision to deny an application to issue a reclamation permit may be reviewed under § 357-34.
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.