Village of Hobart, WI
Brown County
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Table of Contents
Table of Contents
A. 
By Village of Hobart. A nonmetallic mining reclamation permit issued under this Part 2 may be modified by the Village of Hobart if it finds that, due to changing conditions, the nonmetallic mining site is no longer in compliance with this Part 2. Such modification shall be by an order conforming with the procedures in § 194-46 and as provided in § NR 135.24(1), Wisconsin Administrative Code.
B. 
At operator's option. If the operator of any nonmetallic mine that holds a reclamation permit issued under this Part 2 desires to modify such permit or reclamation plan approved under this Part 2, it may request such modification by submitting a written application for such modification to the Village of Hobart. The application for a permit or plan modification shall be acted on using the standards and procedures of this Part 2.
C. 
Required by operator. The operator of any nonmetallic mine that holds a reclamation permit issued under this Part 2 shall request a modification of such permit if required under the circumstances set out in § NR 135.27, Wisconsin Administrative Code. Such application for permit modification shall be acted on using the standards and procedures of this Part 2.
D. 
Review. All actions on permit modifications requested or initiated under this section are subject to review under § 194-36.
A. 
Grounds. The Village of Hobart may suspend or revoke a nonmetallic mining reclamation permit issued pursuant to this Part 2 if it finds any of the grounds listed in § NR 135.25(1), Wisconsin Administrative Code.
B. 
Procedures. If the Village of Hobart finds grounds for suspending or revoking a nonmetallic mining reclamation permit set forth in § 194-38A, it may issue a special order suspending or revoking such permit as set forth in § 194-46B.
C. 
Consequences. The consequences of a reclamation permit suspension or revocation order under § 194-38B shall be as set forth in § NR 135.25(2) and (3), Wisconsin Administrative Code.
A. 
Contents and deadline. Annual reports shall be submitted by the operators of nonmetallic mining sites that satisfy the requirements of § NR 135.36, Wisconsin Administrative Code. These reports shall be for reclamation during a calendar year and submitted in writing within 60 days of the end of each calendar year. Annual reports shall be submitted until reclamation at each nonmetallic mining site is certified as complete under § 194-43C.
B. 
Inspection in lieu of report. The Village of Hobart may, at its discretion, obtain the information required in § 194-39A by written documentation of an inspection it completes during a calendar year, as set forth in § NR 135.36(4), Wisconsin Administrative Code.
C. 
Retention of annual reports. Annual reports submitted under this section or inspection records that replace them shall be retained by the Village of Hobart for at least 10 years after the calendar year to which they apply. These records, or accurate copies of them, shall be made available to the Wisconsin Department of Natural Resources upon written request or during its inspection or audit activities carried out pursuant to Chapter NR 135, Wisconsin Administrative Code.
A. 
Amount and applicability. A person who intends to operate a nonmetallic mining site for which a permit application has been submitted under § 194-26 shall submit a nonrefundable plan review fee as established by the Village of Hobart Board by resolution. No plan review fee may be assessed under this section for any local transportation-related mine issued an automatic permit under § 194-30C. A separate plan review fee shall be paid under this section for any modification to an existing reclamation plan submitted pursuant to § 194-37. [NOTE: The prohibition on plan review fees for existing and local transportation-related mines is required under § NR 135.23(1)(g), Wisconsin Administrative Code.]
B. 
Expedited plan review Fee. A person who intends to operate a nonmetallic mining site for which a permit application has been submitted under § 194-26 may obtain expedited reclamation plan review by paying a fee as established by the Village of Hobart Board by resolution. Such fee shall be in addition to that required in § 194-40A.
C. 
Relation to annual fee. Any reclamation plan review fee or expedited reclamation plan review fee collected under this section shall be added to and collected as part of the first annual fee collected under § 194-41. [NOTE: Plan review fees collected under this section are required under § 295.12(3)(e)1.a, Wis. Stats., to equal as closely as possible the cost of examination and approval of such plans. Section 295.15, Wis. Stats., requires the regulatory authority to use its fees only for the administration of its reclamation ordinance. Section NR 135.39(4)(b)1, Wisconsin Administrative Code, requires that fees collected by the regulatory authority be used only for reasonable expenses associated with administration of its reclamation program.
A. 
Areas subject to fees, procedures, deadline and amount. Operators of all nonmetallic mining sites subject to reclamation permits issued under this Part 2 shall pay annual fees to the Village of Hobart. These fees shall be calculated based on amount of unreclaimed acres of each site, as defined in § NR 135.39(1)(a), Wisconsin Administrative Code, and according to its provisions. Such fees apply to a calendar year or any part of a year in which nonmetallic mining takes place, until final reclamation is certified as complete under § 194-43. Fees shall be paid no later than January 31 for the previous year.
B. 
Wisconsin Department of Natural Resources' share of fee. Fees paid under this section shall include a share for the Wisconsin Department of Natural Resources equal to the amount specified in § NR 135.39(3), Wisconsin Administrative Code. For sites on which no nonmetallic mining has taken place during a calendar year, the fee to be paid under this section for the following year shall be $15. The Village of Hobart shall forward fees collected under this subsection to the Wisconsin Department of Natural Resources by March 31.
C. 
Village of Hobart's share of fee.
(1) 
Fees paid under this section shall also include an annual fee due to the Village of Hobart which shall be as established by the Village of Hobart Board by resolution.
(2) 
The annual fee collected by the Village of Hobart under this subsection for local transportation-related mines issued permits under § 194-30C may not exceed the amounts set forth in Table 2 of § NR 135.39, Wisconsin Administrative Code, and shall include both a share for the Wisconsin Department of Natural Resources and the Village of Hobart. [NOTE: This is required by § NR 135.23(1)(g), Wisconsin Administrative Code.]
A. 
Reporting. The Village of Hobart shall send an annual report to the Wisconsin Department of Natural Resources including the information required by § NR 135.37, Wisconsin Administrative Code, by March 31 for the previous calendar year.
B. 
Documentation. The Village of Hobart shall, to the best of its ability, maintain the information set forth in § NR 135.47(3), Wisconsin Administrative Code, and make it available to the Wisconsin Department of Natural Resources for that agency's audit of the Village of Hobart's reclamation program pursuant to § NR 135.47, Wisconsin Administrative Code.
A. 
Reporting. The operator of a nonmetallic mining site may certify completion of reclamation for a portion or all of the nonmetallic mining site pursuant to a reclamation plan prepared and approved pursuant to this Part 2 and Chapter NR 135, Wisconsin Administrative Code.
B. 
Reporting of interim reclamation. The operator of a nonmetallic mining site may report completion of interim reclamation as specified in the reclamation plan for the site prepared and approved pursuant to this Part 2 and Chapter NR 135, Wisconsin Administrative Code. Reporting of interim reclamation shall be done according to the procedures in § 194-43A.
C. 
Certification of completed reclamation. The Village of Hobart shall inspect a nonmetallic mining site for which reporting of reclamation or interim reclamation has been submitted pursuant to this subsection within 60 days of receipt and make a determination in writing in accordance with § NR 135.40(7)(c), Wisconsin Administrative Code. If it is determined that interim or final reclamation is complete, including revegetation as specified in a plan that conforms with § 194-27, the Village of Hobart shall issue the mine operator a written certificate of completion.
D. 
Effect of completed reclamation. If reclamation is certified by the Village of Hobart as complete under § 194-43C for part or all of a nonmetallic mining site, then:
(1) 
No fee shall be assessed under § 194-41 for the area so certified.
(2) 
The financial assurance required by § 194-28 shall be released.
(3) 
For sites which are reported as interim reclaimed under § 194-43B, and so certified under § 194-43C, financial assurance for reclaiming the certified area shall be appropriately reduced or waived.
E. 
Effect of inaction following report of completed reclamation. If no written response as required by § 194-43C for an area of the mine site reported as reclaimed or interim reclaimed is given within 60 days of receiving such request, any annual fee paid to the Village of Hobart for it under § 194-41 shall be refunded.
When all final reclamation required by a reclamation plan conforming to § 194-27 and required by this Part 2 is certified as complete pursuant to § 194-43C, the Village of Hobart shall issue a written statement to the operator of the nonmetallic mining site, thereby terminating the reclamation permit.