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 § 194-21 or § NR 135.3(16)(b), Wisconsin Administrative Code.
A.
Required submittal. The operator of all nonmetallic mining sites
shall apply for a reclamation permit from the Village of Hobart. All
reclamation permit applications under this section shall be accompanied
by the information required by § NR 135.18(1), Wisconsin
Administrative Code.
A.
Reclamation plan requirements. All operators of nonmetallic mining sites subject to this Part 2 shall prepare and submit a reclamation plan that meets the requirements of § NR 135.19, Wisconsin Administrative Code.
C.
Approval of reclamation plan. The Village of Hobart shall approve, conditionally approve or deny the reclamation plan submitted under this section in writing as part of permit issuance pursuant to § 194-30B. Conditional approvals of reclamation plans shall be made according to § 194-30E, and denials of reclamation plans made according to § 194-31. The operator shall keep a copy of the reclamation plan required by this section, once approved by the Village of Hobart under this Part 2, at the mine site or, if not practicable, at the operator's nearest office or place of business.
A.
Financial assurance requirements. All operators of nonmetallic mining
sites in the Village of Hobart shall prepare and submit a proof of
financial assurance of successful reclamation that meets the requirements
of § NR 135.40, Wisconsin Administrative Code.
C.
Public nonmetallic mining. The financial assurance requirements of
this section do not apply to nonmetallic mining conducted by the State
of Wisconsin, a state agency, board, commission or department, or
a municipality.
A.
Reclamation plan hearing. The Village of Hobart shall provide public notice and the opportunity for a public informational hearing as set forth in § NR 135.20(1) and (2), Wisconsin Administrative Code, for any nonmetallic mining site for which a complete reclamation permit application that satisfies § 194-26 is received.
B.
Permit issuance. Applications for reclamation permits for nonmetallic mining sites that satisfy § 194-26 shall be issued a reclamation permit or otherwise acted on as provided in § NR 135.21(2), Wisconsin Administrative Code. The permit shall require compliance with a reclamation plan submitted by the applicant that conforms with § 194-27A, and provision by the applicant of financial assurance that conforms with § 194-28, payable to the Village of Hobart, prior to beginning mining.
C.
Automatic permit for local transportation-related mines. The Village of Hobart shall issue an automatic permit under this subsection for any borrow site operated to provide material for a locally administered transportation project that meets the criteria in § NR 135.23(1)(a), Wisconsin Administrative Code. This automatic permit shall be issued according to the provisions of § NR 135.23(1)(b) through (j), Wisconsin Administrative Code. [NOTE: A reclamation permit is not required under this subsection for nonmetallic mine sites that are operated to provide materials for construction, maintenance and repair of transportation facilities that are subject to the Wisconsin Department of Transportation concerning restoration of the nonmetallic mining site, as provided by § 295.16(1)(c), Wis. Stats. Plan review fees may not be assessed for local transportation-related mines permitted under this subsection, and the county or municipality may not assess them an annual fee under § 194-41 that is greater than allowed by § NR 135.23(1)(g), Wisconsin Administrative Code.]
D.
Expedited review. Any operator of a nonmetallic mining site may obtain an expedited review of a reclamation permit application by paying the expedited review fee specified in § 194-39B. The expedited review shall be carried out according to the provisions of § NR 135.23(2), Wisconsin Administrative Code. Such expedited review shall not waive, shorten or otherwise affect the public notice and right of hearing pursuant to § 194-29.
E.
Permit conditions. Permits issued under this section may include
conditions as provided in § NR 135.21(2), Wisconsin Administrative
Code. One required condition shall be that new mines shall obtain
financial assurance prior to beginning mining pursuant to § NR
135.40, Wisconsin Administrative Code.
An application for a nonmetallic mining reclamation permit shall
be denied if any of the factors specified in § NR 135.22,
Wisconsin Administrative Code, exist.
A.
Scope of alternative requirements approvable. An operator of a nonmetallic mining site may request an alternative requirement to any reclamation standard established in § 194-25. Such a request may be made only on the basis of the criteria set forth in § NR 135.26(1), Wisconsin Administrative Code.
B.
Procedures. The operator of a nonmetallic mining site requesting an alternate requirement in § 194-32A shall demonstrate all the criteria in § NR 135.26(1), Wisconsin Administrative Code. This shall be submitted in writing to the Village of Hobart Planning and Zoning Commission/Board of Trustees, Village of Hobart, 2990 S. Pine Tree Rd., Hobart, WI 54155. Alternative reclamation requests shall be subject to the same review, public hearing and approval processes identified in §§ 194-27C and 194-29A, as provided in § NR 135.26(2), Wisconsin Administrative Code.
C.
Transmittal of decision on request for alternate requirements. The
decision on a request for alternative reclamation requirements shall
be in writing to the applicant and shall include documentation of
why the alternative requirement was or was not approved.
D.
Notice to Wisconsin Department of Natural Resources. The Village
of Hobart shall provide notice to the Wisconsin Department of Natural
Resources as provided in § NR 135.26(3)(a), Wisconsin Administrative
Code.
A nonmetallic mining reclamation permit issued under this Part 2 shall last through operation and reclamation of the nonmetallic mining site, unless suspended or revoked pursuant to § 194-46B, or as limited under § NR 135.27, Wisconsin Administrative Code, where the mine operator is not the landowner.
A nonmetallic mining reclamation permit issued under this Part 2 shall be transferred to a new owner or operator upon satisfaction of the conditions in § NR 135.28, Wisconsin Administrative Code.
Any permitting decision or action made by the Village of Hobart under this Part 2 may be reviewed as set forth in § NR 135.30, Wisconsin Administrative Code.
