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.
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 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.