[Adopted as § 12.0 of the 2000 Code]
Nonmetallic mining is recognized as an important industry which contributes to the Village's economic and social well-being, but which risks damage to the long-term physical environment and the tax base of the Village. It is the purpose of this Part 1 to establish regulations for nonmetallic mining and site reclamation that will protect the environment and the tax base both during and after the conduct of mining operations.
As used in this Part 1, the following terms shall have the meaning indicated:
- ABANDONMENT OF OPERATIONS
- The cessation of nonmetallic mining operations for more than 360 consecutive days where the cessation is not specifically set forth in an operator's application, operation or reclamation plan or permit, or by other written request deemed sufficient by the Village. Abandonment of operations does not include the cessation of activities due to labor strikes or natural disasters.
- Any horizontal or vertical increase beyond dimensions of the original application for the project site and shall be subject to the diminishing assets rule.
- ENVIRONMENTAL POLLUTION
- The contaminating or rendering unclean or impure the air, land or waters of the state or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal or plant life.
- Any vertical or horizontal increase or decrease within the dimensions of the original application for the project site.
- NONMETALLIC MINING or NONMETALLIC MINING OPERATION
- Operations or activities for the extraction from the earth for sale or use by the operator of mineral aggregates such as stone, sand, gravel and nonmetallic minerals such as asbestos, beryl, clay, feldspar, peat, talc and topsoil-related operations or activities such as excavation, grading or dredging if the purpose of those operations or activities is the extraction of mineral aggregates and nonmetallic minerals and related processes such as crushing, screening, scalping, dewatering and blending. "Nonmetallic mining" or "nonmetallic mining operation" does not include or allow the following activities or uses by way of illustration, which include but are not limited to: manufacture of concrete building blocks or other similar products, asphalt or hot blacktop mixing and production of ready-mix concrete.
- NONMETALLIC MINING REFUSE
- Waste soil, rock, mineral, liquid, vegetation and other waste material resulting from a nonmetallic mining operation. This term does not include merchantable by-products resulting directly from or displaced by the nonmetallic mining operation.
- NONMETALLIC MINING SITE or PROJECT SITE or SITE
- The location where a nonmetallic mining operation is proposed to be conducted or is conducted, including all surface areas from which minerals are removed, related storage and processing areas, areas where nonmetallic mining refuse is deposited, and areas disturbed by the nonmetallic mining operation by activities such as the construction or improvement of roads or haulageways.
- Any person who is engaged in a nonmetallic mining operation or nonmetallic mining site reclamation or who applies for or holds a nonmetallic mining permit issued under a nonmetallic mining reclamation ordinance, whether individually, jointly or through subsidiaries, agents, employees, contractors or subcontractors.
- PARTIES IN INTEREST
- The owner and operator of a proposed or existing nonmetallic mining site and all owners of property located within 1,000 feet of the boundaries of a proposed or existing nonmetallic mining site.
- Any permit which may be required under this section of an operator as a condition precedent to commencing or continuing nonmetallic mining at a project site.
- The rehabilitation of a nonmetallic mining site, including, but not necessarily including, and not limited to, removal of nonmetallic mining refuse, grading of the site, replacement of topsoil, stabilization of soil conditions, establishment of vegetative cover, control of surface water and groundwater, prevention of environmental pollution, construction of fences and, if practical, restoration of plant, fish and wildlife habitat.
- REPLACEMENT OF TOPSOIL
- The replacement of the topsoil which was removed and disturbed by a nonmetallic mining operation or the provision and placement of soil which is at least as adequate, in the opinion of the Village, as the topsoil which was removed or disturbed for the purposes or providing adequate vegetative cover and stabilization of soil conditions.
- A quantity of durable stones or concrete pieces of varying size and shape, placed as a protective layer over soil in such a manner that the smaller pieces fill the spaces between the larger pieces. Concrete pieces are less desirable than stones for this use, and those with exposed reinforcing rods shall not be used.
- That material (normally the A and upper part of the B horizon) which, based upon the official national cooperative soil survey, is acceptable for respreading on the surface of regraded areas to provide a medium which sustains a dense plant growth capable of preventing wind and water erosion of the topsoil and other materials beneath.
This Part 1 is applicable to all nonmetallic mining sites within the Village of Hobart. This Part 1 applies to any portion of a nonmetallic mining site, including unreclaimed portions of a site, which was mined prior to the effective date of this Part 1.
This Part 1 does not apply to the following activities:
Excavations or grading by a person solely for domestic use at his or her residence.
Excavations or grading conducted for highway construction purposes within the highway right-of-way.
Grading conducted for farming, preparing a construction site or restoring land following a flood or natural disaster.
Excavations for building construction purposes.
Any mining operation, the reclamation of which is required in a permit obtained under Chapter 293, Wis. Stats.
Any activities conducted at a soil or hazardous waste disposal site required to prepare, operate or close a solid waste disposal facility under §§ 289.10 to 289.33 or a hazardous waste disposal facility under §§ 291.001 to 291.97, Wis. Stats.; provided, however, that section applies to activities related to solid or hazardous waste disposal which are conducted at a nonmetallic mining site separate from the solid or hazardous waste disposal facility, such as activities to obtain nonmetallic minerals to be used for lining, capping, covering or constructing berms, dikes or roads.
Any nonmetallic mining site or portion of a site which is subject to permit and reclamation requirements of the Department of Natural Resources under §§ 30.19, 30.195 and 30.20, Wis. Stats.
General requirement. An operator shall obtain a nonmetallic mining permit prior to engaging in nonmetallic mining or the enlargement of a site. Such permit applications are subject to public hearing before the Village Board. Permits shall be denied if the Village Board finds that the project does not conform with the minimum standards set forth in this Part 1 or if the applicant has failed or continues to fail to comply with this section.
Application. The application for a permit shall be submitted to the Village Clerk-Treasurer on forms provided by the Village. The application for a mining permit shall be signed by the applicant and shall be accompanied by information which shall include, but not be limited to, the following:
General information. The name and address of the operator.
Lease(s). A signed copy of the lease(s) which authorizes the operator to enter upon the lessor's land for the purpose of mining as defined in this section. The expiration date of the lease shall clearly be indicated thereon.
Legal description. A legal description and survey map of the tracts of land to be involved and affected by the proposed operation and the approximate total number of acres involved.
General map. Five copies of a general map which shall be drawn at a scale of no less than one inch equals 400 feet and shall include the following:
Property boundaries of the operator's owned and/or leased land consistent with the legal description for the premises.
Location and names of all known streams, roads, railroads, utility lines on or immediately adjacent to the site.
Location of all structures owned by parties in interest within 1,000 feet.
Names and addresses of parties in interest.
Boundaries for the site.
Location and description of mining site boundary stakes and permanent reference point.
Zoning of the site.
Existing and proposed drainage within and without the site of operations to a distance of 500 feet reflecting the handling of all waters, natural, pumped, surface and identify wetlands thereon.
Locate and identify setbacks.
Operation plan. The operation plan shall include information about the site, a legal description of the proposed nonmetallic mining operation, methods and procedures to be used in mining the site, including the following:
Type of mining, processing and transportation equipment to be used.
Type of materials to be extracted.
A description of the proposed horizontal and vertical limits of the proposed operation plan.
Primary travel routes to be used to transport material to processing plants or markets.
Measures to be taken to control noise, dust and vibrations from the operations and/or a written explanation of why such measures are not needed.
If explosives are to be used in the operation, a copy of the blaster's explosive use plan should be on file with the Village.
A statement that the applicant has complied with all Wisconsin Statutes, Administrative Code provisions and Village/county ordinances regulating erosion control, wetlands, navigable streams, air quality, zoning, water drainage and discharge from the site of operation and that all required plans and permits have been submitted and/or obtained by the applicant.
Reclamation plan. The permit shall be subject to the provisions and requirements of §§ 295.11 to 295.20, Nonmetallic Mining Reclamation, Wis. Stats.
Certificate of insurance. Each application for a permit herein or a renewal thereof shall be accompanied by a certificate of insurance for a commercial general liability policy, and said policy of insurance shall have limits of coverage of not less than $1,000,000 in the aggregate, and $500,000 per occurrence and the Village shall be named as an additional insured on applicant's policy of liability insurance.
Other information. The Village Board may require the submittal of such other information as may be necessary to determine the nature of the nonmetallic mining operation and proposed reclamation and the effect on the surrounding area. The Village Board may waive portions of the specified information if it is satisfied that, because of the nature or method of the operation, such information is not relevant or is unnecessary to a full and proper evaluation of the application. In determining what information shall be waived, the Village Board shall take into account, among other things, the nature of the applicant's operation and whether the operation is a legally preexisting operation. It shall be the obligation of the applicant to request any such waiver. Such request shall set forth the justification for such waiver.
Standards for evaluation and approval. The Village Board, in conjunction with Village's consultants, shall review the site plan, existing and proposed structures, architectural plans, neighboring land and water uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, the proposed operation, the effects of the proposed use, structure, operation and improvement upon flood damage protection, water quality, shoreland cover, natural beauty and wildlife habitat, quality of life of the neighborhood and Village and any other pertinent requirements deemed necessary by the Village Board so as to eliminate, alleviate or control any unreasonable hazard, danger, harm, risk or nuisance that exists or could develop as a result of the operation and reclamation for which the application is made. In making such determinations, the Village Board shall consider whether or not the applicant is applying as to a legal preexisting operation and use and the rights which may have accrued to such applicant as a result thereof.
Within 30 days after receipt of a complete permit application and a recommendation from the Village Planning and Zoning Commission, the Village Clerk-Treasurer shall schedule a public hearing on the application before the Village Board; the application shall be submitted to the Planning and Zoning Commission and the Village's consultants for its recommendation prior to Village Board action.
Notice of the aforementioned public hearing shall be published as a Class 2 notice in a newspaper of general circulation within the Village of Hobart. In addition, notice of said public hearing shall be mailed to the last-known address of all owners of property within 500 feet of the subject property. Failure to receive notice shall not invalidate any action taken by the Village Board.
At the hearing on an application for a nonmetallic mining permit, the Village Board shall hear and receive any evidence or sworn testimony presented by the applicant or an authorized agent. At the conclusion of the applicant's presentation, the Village Board shall hear first any public comments from those in support of the application then from those in opposition to the application and finally the recommendation of the Planning and Zoning Commission and the Village's consultants. The applicant shall be given an opportunity to respond to any adverse comments, evidence or recommendations.
Approval or denial. Within 30 days after the hearing, the Village Board shall either grant, deny or grant with modification the application based upon specific findings and conclusions. The Village Board may grant an application conditioned upon meeting certain operational and reclamation provisions and standards, which shall not be less stringent than the minimum standards hereinafter set forth. In deciding upon an application for a legally preexisting operation, the Village Board shall take into account the preexisting nature and circumstances of the operation.
Appeal. Appeals from the decision of the Village Board in granting or denying a license shall be to the Circuit Court.
All stone quarries as nonmetallic mining operations legally existing at the effective date of this Part 1 shall not be subject to the public hearing requirements except for enlargement.
Right of access. The filing of an application shall grant the Village and its officers, consultants and agents the right of access onto the site and contiguous lands owned or leased by the applicant for the purpose of inspecting the site and adjacent lands for pre-permit issuance inspections, for compliance with the permit if issued and for any other purpose relative to this section. Except in emergencies, access shall be granted during normal business hours with reasonable notice to the operator. Inspectors shall report to the person in charge of the site and comply with established safety rules and regulations.
After the issuance of a permit all nonmetallic mining operations as a condition of their permit shall comply with all Wisconsin State Statutes, Administrative Code provisions, and Village/county ordinances regulating erosion control, wetlands, navigable streams, air quality, zoning, water drainage and discharge from the site of operation and that all required plans and permits have been submitted and/or obtained by the applicant.
Boundary staking. All excavation and phase boundaries, if any, shall be staked or otherwise marked per the survey by the operator and inspected by the Village prior to commencing operations on a site. Stakes shall be made of steel consisting of at a minimum a two-inch pipe. Stakes shall be placed on all corners of the site and additional stakes shall be placed every 300 feet between corner stakes. Stakes shall be set so they are at least five feet above ground level and painted so they are visible.
Plans on site. A copy of the plans and specifications returned by the Village at the time of permit issuance shall be kept on the project site throughout the entire excavation and reclamation period.
Permit period. Permits shall be granted for a one-year period of time and shall expire on December 31. Permits shall be on a calendar-year basis.
Limits of operation. Projects shall be limited to approved dimensions.
Conflicts with other regulations. It is the responsibility of the operator to obtain any local, state or federal permits or approvals.
Compliance with reclamation. The operator shall comply with progressive reclamation plans, if any, and final reclamation plans for the site.
Notification of commencement and cessation. The operator shall notify the Village in writing at least 15 days prior to initial nonmetallic mining operations and at least 30 work days prior to final completion of project reclamation. All phases within a site shall also comply with the notification requirements above. When a phase is complete, the operator shall notify the Village Board for approval of the reclamation before entering the next phase.
Records of operations. All records of the permittee regarding the conduct of the nonmetallic mining operation which are reasonably needed for the proper monitoring and evaluation of the operation or the enforcement of this Part 1 shall be subject to inspection by the Village officials at all reasonable times; provided, however, that Village personnel, to the extent provided by law, shall take reasonable steps to prevent disclosure of records which the operator advises in writing contain privileged trade secret information.
Complaints of violations. In the event of a complaint of a violation of this section, the plan of operation or the plan of reclamation, the permittee shall be notified thereof in writing by the Village and shall respond to the Village in writing within 10 working days of notification by the Village. In the event the permittee shall fail to respond or shall deny any violation without reasonable grounds, the permittee shall be liable for the reasonable costs of investigation of such complaint, including the cost of any experts if after hearing it has been determined that there has been a violation of this Part 1.
Other conditions. The Village may apply such other conditions or requirements as are necessary to ensure the proper operation and the progressive and final reclamation in a manner consistent with this section and to limit any adverse environmental impacts. Standards contained in Wisconsin Administrative Code Transportation 207 or in State of Wisconsin Department of Transportation standards specifications for road and bridge construction may be applied to any appropriate aspect of this Part 1.
Hours of operation.
These time parameters only restrict the operation of crushing equipment and drilling operations for blasting purposes. Requests for permanent hours of operation beyond those listed below will be subject to approval of the Village Board through the permit process. Extension of these hours in emergency situations may be approved by the Village President or his designee.
The following hours of operation apply to trucking and loader operations. Requests for permanent hours of operation beyond those listed below will be subject to approval of the Village Board through the permit process. Extension of these hours in emergency situations may be approved by the Village President or his designee.
Nonemergency temporary modifications to the hours of operation, not to exceed 14 days, may be approved subject to the following process:
The permit applicant shall submit to the Village a written request identifying the scope, nature, duration and reason for the requested temporary modification.
The Village shall send notification to all property owners and residents within 2,000 feet of the quarry perimeter of the request for temporary modification to allow area property owners and residents an opportunity to voice concerns or support. Notification, at minimum, to be by regular U.S. Mail within three business days of the meeting in Step 2.
The Village President (or designee) and Village Administrator (or designee) shall review all comments received with the permit applicant no sooner than five business days after the notification in Step 3. Modifications to the requested temporary modifications may be made in this meeting.
The Village President (or designee) shall approve or deny the request for temporary modifications within five business days of the meeting in Step 4.
Setbacks. The nonmetallic mining operation shall be set back a minimum of 100 feet from the right-of-way line of all highways, streets or roads and all exterior property lines and a minimum of 500 feet to the nearest residence. Uses accessory to the nonmetallic mining operation such as parking and loading areas and stockpiles of materials except for landscaped berms shall be set back a minimum of 100 feet from the right-of-way line of all highways, streets or roads and from all property lines. Existing setbacks for those stone quarries in existence as of the effective date of this Part 1 shall not be subject to this provision and shall be located and identified on the general map for the site. The setback requirements will be applicable for any site enlargement.
Dust control. Opacity limit for all fugitive emissions at the property line of the site shall comply with DNR regulations; provided, however, that fugitive dust following blasting operations shall not exceed twenty-percent opacity at any public road or highway.
Blasting notification. Before any blasting operation may be conducted in the Village of Hobart, the company or operator shall give notice thereof by the conspicuous display of a fluorescent flag and legible sign giving notice of the blasting operations. The flag and sign shall be displayed at least 24 hours prior to and during all blasting operations. This notice requirement is in addition to any other notices required by law or regulation.
Applications for permit renewal must be submitted in writing to the Village Clerk-Treasurer at least 60 days prior to the expiration date of the existing permit. Such applications shall comply with the provisions of this Part 1 but need not include any items previously submitted with a prior application for a permit for such site. Renewal applications may merely indicate no change in such items. Any previously submitted items which have been changed from the prior applications shall be resubmitted showing any such changes.
No permit renewal shall be granted unless the project is in reasonable compliance with the terms of the existing permit.
Permit renewals may be conditioned upon correction of any unanticipated environmental impacts occurring during the original or renewal permits.
No public hearing shall be required to be held with respect to a renewal application unless the application provides for an enlargement of the previously approved site or otherwise provides for an alteration or change in the method of operations or reclamation previously approved which might adversely effect the use or enjoyment of nearby properties. Site enlargement shall be subject to all the provisions and procedures set forth in § 194-6 of this Part 1.
All nonmetallic mining operations existing at the effective date of this Part 1 (March 11, 1996) shall, within 30 days of said effective date of this Part 1, be provided with a copy of this Part 1 via certified mail. Within 90 days of their receipt of this Part 1, operators of existing nonmetallic mining operations shall submit the necessary plans to bring said operation into conformity with this Part 1. Such period may be extended for an additional 90 days upon review and approval by the Village Board of said written request for extension. Pending the receipt and review of a timely submitted application by the Village Board, the operation shall be permitted to continue the existing nonmetallic mining operation at the site for which an application was submitted. If a permit is denied, the applicant shall cease nonmetallic mining operations at such site; however, the applicant shall be given a reasonable period of time for the processing and removal of existing materials and/or stockpiles.
Site modification. An operator may apply for a modification or cancellation of a project permit or for a change in the reclamation plan for a project site. The application for the modification, cancellation or change shall be submitted in writing by the operator and shall identify the site to be removed or affected by a change in the operation and reclamation plans.
Transfer of permit. When one operator succeeds to the interest of another in an uncompleted site, the Village Board shall release the first operator of the responsibilities imposed by the permit, but only if:
The application for an initial permit or renewal permit requiring a public hearing under this Part 1 shall be accompanied by a fee as set from time to time by resolution of the Village Board. An application for a renewal permit under this Part 1 for which no public hearing is required shall be accompanied by a fee in the amount set from time to time by resolution of the Village Board.
The Village Board or its designee may enter the premises of a nonmetallic mining site in the performance of its or their official duties, or pursuant to a special inspection warrant issued under § 66.0119, Wis. Stats., in order to inspect the premises to act on any application hereunder, to ascertain compliance with the nonmetallic mining reclamation ordinance and permit, or to investigate any alleged violation. It shall be a condition of a permit issued hereunder that, upon request, such person shall be granted access to the premises during hours of operation for purposes of any such inspection, provided that applicable safety laws, rules and regulations are adhered to.
Enforcement. The following are criteria that the Village Board may consider for issuance, reissuance, suspension or revocation of a nonmetallic mining permit:
Compliance with the reclamation standards established by the State of Wisconsin.
Submittal to the Village Board of the Village of Hobart a nonmetallic mining operation plan and compliance with the operation plan.
Submittal to the Village Board of the Village of Hobart of a nonmetallic mining reclamation plan and compliance with the operation plan as required by state law.
Maintaining the certificate of insurance required by the Village Board of the Village of Hobart.
Compliance with the operational hours for operation of the nonmetallic mining operation.
Installation, provision and maintenance of adequate and necessary physical structures, equipment and operational controls as determined by the Village Board to prevent public nuisances and to protect the public health and safety to persons residing near the nonmetallic mining operation or person entering the nonmetallic mining operation, including public nuisances associated with noise, dust, odors, fires, explosions, water pollution, air pollution and erosion.
Attempts made by the permittee or party in interest to comply with the provisions of this Part 1.
Consideration of extenuating circumstances and matters beyond the control of the permittee or party in interest.
Unless expressly provided herein or by other Village of Hobart ordinance provisions, the nonmetallic mining permit may be suspended or revoked for cause for substantial noncompliance with this Part 1 after the proper Village of Hobart hearing noted below unless in an emergency condition determined by the Village Board of the Village of Hobart wherein the license, registration or permit can be suspended temporarily for a set time period. Prior to any action for suspension or revocation, the Village Board of the Village of Hobart must, by the Village Clerk-Treasurer of the Village of Hobart, receive a verified complaint concerning the permittee. The following persons may file a verified complaint with the Village Board of the Village of Hobart:
The Village Board will make a determination if the allegations of the complaint are of sufficient magnitude, importance, or otherwise of such a nature as to require a formal evidentiary hearing.
The person subject to charges for violation of any Village of Hobart ordinance or any violation of a condition of the nonmetallic mining permit shall be provided a copy of the verified complaint and notice of hearing before the Village Board of the Village of Hobart. The hearing shall be required to be not less than 10 days nor more than 30 days after receipt of notice, unless stipulated in writing by the Village Board of the Village of Hobart and the person subject to charges.
The person subject to charges for violation of any Village of Hobart ordinance or any violation of a condition of the nonmetallic mining permit shall be entitled to the following:
The Village Board of the Village of Hobart may, after the hearing for any person previously issued a nonmetallic mining permit by the Village Board of the Village of Hobart, act as follows:
The final decision of the Village Board of the Village of Hobart to revoke or suspend the nonmetallic mining permit shall be subject to appeal to the Circuit Court, which appeal must be filed with the Circuit Court not later than 45 days from the mailing of the Village Board's decision to the permit holder.
In addition to the denial, suspension or revocation of a permit issued under this Part 1, any person who shall violate any provision of this Part 1 or who shall fail to obtain a permit as required hereunder shall, upon conviction of such violation, be subject to the penalties provided in § 1-3. Any default of such forfeiture determined by a Court of competent jurisdiction shall be subject to any penalties as provided by §§ 66.115, 66.117, 66.119 and 66.12, Wis. Stats., as may be amended.
[Amended 1-6-2015 by Ord. No. 01-2015]
Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this Part 1 shall preclude the Village from maintaining any appropriate action to prevent or remove a violation of any provision of this Part 1.