City of Watertown, WI Article III Permitting

§ 377-10 Nonmetallic mining reclamation permit application.

A. Required submittal. The operator of all nonmetallic mining sites that operate on or after August 1, 2001, shall apply for a reclamation permit from the City of Watertown. All reclamation permit applications under this section shall be accompanied by the information required by § NR 135.18(2), Wis. Adm. Code.

B. Existing mines. The operator of any existing nonmetallic mine shall apply for an automatic reclamation permit from the City of Watertown by providing the information required by § NR 135.18(1), Wis. Adm. Code, and the submittals required under Subsection A no later than the effective date of this chapter to the City of Watertown.

C. New mines. The operator of any nonmetallic mine site that engages in or plans to engage in nonmetallic mining that will begin operations after August 1, 2001, or which has not applied for an automatic reclamation permit pursuant to Subsection B, shall submit an application that meets the requirements of § NR 135.18(1), Wis. Adm. Code, and the submittals required under Subsection A to the City of Watertown prior to beginning operations. This application shall be accompanied by a plan review fee as specified in § 377-24.

§ 377-11 Reclamation plan.

A. Reclamation plan requirements. All operators of nonmetallic mining sites subject to this chapter shall prepare and submit a reclamation plan that meets the requirements of § NR 135.19, Wis. Adm. Code.

B. Existing mines. The operator of any nonmetallic mining site that submits an automatic permit application in conformance with § 377-10B shall submit the reclamation plan required by Subsection A by 18 months after submittal of the application for an automatic permit. The City of Watertown may extend this deadline for cause, at its sole discretion.

C. New mines. The operator of any nonmetallic mining site that applies for a permit in conformance with § 377-10C shall submit the reclamation plan required by Subsection A with its application for a reclamation permit.

D. Existing plans and approvals. To avoid duplication of effort, the reclamation plan required by Subsection A may, by reference, incorporate existing plans or materials that meet the requirements of this chapter. Previous approvals for nonmetallic mining sites that apply in accordance with § 377-10B shall satisfy the requirements of Subsection A, if they meet the requirements of § NR 135.21, Wis. Adm. Code.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

E. Approval of reclamation plan. The City of Watertown shall approve, conditionally approve or deny the reclamation plan submitted under this section in writing as part of permit issuance pursuant to § 377-14B for existing mines and § 377-14D for new mines. Conditional approvals of reclamation plans shall be made according to § 377-14G and denials of reclamation plans made according to § 377-15. The operator shall keep a copy of the reclamation plan required by this section, once approved by the City of Watertown under this chapter, at the mine site or, if not practicable, at the operator's nearest office or place of business.

§ 377-12 Financial assurance.

A. Financial assurance requirements. All operators of nonmetallic mining sites in the City of Watertown shall prepare and submit a proof of financial assurance of successful reclamation that meets the requirements of § NR 135.40, Wis. Adm. Code.

B. Existing mines. The operator of any nonmetallic mining site that submits an automatic permit application in conformance with § 377-10B shall submit the financial assurance required by Subsection A by 18 months after submittal of the application for an automatic permit. The City of Watertown may extend this deadline for cause, at its sole discretion.

C. New mines. The operator of any nonmetallic mining site that applies for a reclamation permit in conformance with § 377-10C shall submit the proof of financial assurance required by Subsection A as specified in the reclamation permit issued to it under this chapter.

D. 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.

§ 377-13 Public notice and right of hearing.

A. New mines. The City of Watertown shall provide public notice and the opportunity for a public informational hearing as set forth in § NR 135.20(1) and (2), Wis. Adm. Code, for any nonmetallic mining site for which a complete reclamation permit application that satisfies § 377-10C is received.

B. Existing mines. No public notice or informational hearing is required on an application for a reclamation permit for an existing mine that satisfies § 377-10B, except as provided in § NR 135.20, Wis. Adm. Code.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. Local transportation-related mines. No public notice or informational hearing is required for a nonmetallic mining reclamation permit issued to a local transportation-related mine pursuant to § 377-14E.

§ 377-14 Issuance of a nonmetallic mining reclamation permit.

A. Permit required. Every operator of a nonmetallic mining site in the City of Watertown who engages in or plans to engage in nonmetallic mining after September 1, 2001, shall obtain a reclamation permit issued under this section, except nonmetallic mining sites exempt from this chapter as provided in § 377-6B. No person may engage in nonmetallic mining or nonmetallic mining reclamation after September 1, 2001, without a reclamation permit issued pursuant to this chapter.

B. Automatic permit for existing mines. The City of Watertown shall issue an automatic reclamation permit to the operator of any nonmetallic mining that submits an application meeting the requirements of § 377-10B as set forth in § NR 135.21(1), Wis. Adm. Code. The automatic permit shall be issued within 30 days of such application.

C. Evaluation of follow-up submittals for existing mines. Mines covered by automatic permits issued under Subsection B shall submit a reclamation plan in accordance with § 377-11B and proof of financial assurance in accordance with § 377-12B by the deadlines established in those subsections. Reasonable extensions to these deadlines may be granted in writing by the City of Watertown where extenuating circumstances exist. The follow-up submittals required by this subsection shall be evaluated using the criteria and procedures in § NR 135.21(1), Wis. Adm. Code.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

D. Permit issuance for new mines. Applicants for reclamation permits for nonmetallic mining sites not permitted under Subsection B that satisfy § 377-10C shall be issued a reclamation permit or otherwise acted on as provided in § NR 135.21(2), Wis. Adm. Code. The permit shall require compliance with a reclamation plan submitted by the applicant that conforms with § 377-11C and provision by the applicant of financial assurance that conforms with § 377-12C, payable to the City of Watertown prior to beginning mining.

E. Automatic permit for local transportation-related mines.

(1) The City of Watertown 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), Wis. Adm. Code. This automatic permit shall be issued according to the provisions of § NR 135.23(1)(b) through (j), Wis. Adm. Code.

(2) Wisconsin Department of Transportation exempted. 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 § 377-25 that is greater than allowed by § NR 135.23(1)(g), Wis. Adm. Code.

F. 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. The expedited review shall be carried out according to the provisions of § NR 135.23(2), Wis. Adm. Code. Such expedited review shall not waive, shorten or otherwise affect the public notice and right of hearing pursuant to § 377-13.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

G. Permit conditions. Permits issued under this section may include conditions as provided in § NR 135.21(2), Wis. Adm. Code. One required condition shall be that new mines shall obtain financial assurance prior to beginning mining, pursuant to § NR 135.40, Wis. Adm. Code.

§ 377-15 Permit denial.

An application for a nonmetallic mining reclamation permit shall be denied if any of the factors specified in § NR 135.22, Wis. Adm. Code, exist.

§ 377-16 Alternative requirements.

A. Scope of alternative requirements approvable. An operator of a nonmetallic mining site may request an alternative requirement to any reclamation standard established in § 377-9. Such a request may be made only on the basis of the criteria set forth in § NR 135.26(1), Wis. Adm. Code.

B. Procedures. The operator of a nonmetallic mining site requesting an alternate requirement in Subsection A shall demonstrate all the criteria in § NR 135.26(1), Wis. Adm. Code. This shall be submitted in writing to the City of Watertown Public Works Commission.

(1) Public Works Commission review. The Commission is to review this alternate requirement request.

(2) Applicant to provide information. The applicant must provide sufficient detail to allow the Commission to make a determination on the request.

(3) Public Works Commission may hold a public hearing. If the Commission decides to hold a public hearing, at least 10 days' notice will be provided to the public and applicant.

(4) Public Works Commission to make recommendation. The Commission will make a final recommendation to the City of Watertown Common Council.

(5) Council to make final approval. The Common Council is the final authority on the decision to amend, approve or disapprove an alternate requirement request.

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 approved, not approved or amended.

D. Notice to Wisconsin Department of Natural Resources. The City of Watertown shall provide notice to the Wisconsin Department of Natural Resources, as provided in § NR 135.26(3), Wis. Adm. Code.

§ 377-17 Permit duration.

A nonmetallic mining reclamation permit issued under this chapter shall last through operation and reclamation of the nonmetallic mining site, unless suspended or revoked pursuant to § 377-22, or as limited under § NR 135.27, Wis. Adm. Code, where the mine operator is not the landowner.

§ 377-18 Permit transfer.

A nonmetallic mining reclamation permit issued under this chapter may be transferred to a new owner or operator upon satisfaction of the conditions in § NR 135.28, Wis. Adm. Code.

§ 377-19 Previously permitted sites.

For any nonmetallic mining site which had a reclamation permit previously issued pursuant to Ch. NR 135, Wis. Adm. Code, that becomes subject to the reclamation permitting authority of Dodge and Jefferson Counties, the previously issued municipal reclamation permit's terms and conditions shall remain in force until they can be modified by Dodge and Jefferson Counties pursuant to § 377-21A.

§ 377-20 Review.

Any permitting decision or action made by the City of Watertown under this chapter may be reviewed as set forth in § NR 135.30, Wis. Adm. Code.