[HISTORY: Adopted by the Town Board of the Town of Lawrence 4-24-2000; amended in
its entirety 2-24-2003. Subsequent amendments noted where applicable.]
Nonmetallic mining is recognized as an important industry which
contributes to the Town's economic and social well-being but
which risks damage to the long-term physical environment and the tax
base of the Town. It is the purpose of this chapter 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.
In this chapter, terms shall mean the following:
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 Town.
"Abandonment of operations" does not include the cessation of activities
due to labor strikes or natural disasters.
Any horizontal increase beyond dimensions of the original
application for the project site and shall be subject to the diminishing
assets rule.
The contaminating or rendering unclean or impure of 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.
Operations or activities for the extraction from the earth
for sale or use by the operator of mineral aggregates such as stone,
sand, and gravel and nonmetallic minerals such as asbestos, beryl,
clay, feldspar, peat, and 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. Any such
uses need to be granted by a separate conditional use permit.
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.
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 haulage ways.
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.[1]
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 chapter 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.
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 Town, 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.[2]
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.
The Town of Lawrence.
Consisting of one representative from each of the nonmetallic
mining operations, one representative for blasting operators, one
resident, one member of the Town Board and one member of the Town
Planning and Zoning Board who will meet to discuss concerns and issues
relating to nonmetallic mining operations and make advisory recommendations
to the Town Planning and Zoning Board.
This chapter is applicable to all nonmetallic mining sites within
the Town of Lawrence.
This chapter does not apply to the following activities:
A.
Excavations or grading by a person solely for domestic or farm use
at his or her residence or farm.
B.
Excavations or grading conducted for the construction, reconstruction,
maintenance or repair of a highway, railroad, airport facility or
any other transportation facility if the excavation or grading is
within the property boundaries of the transportation facility.
C.
Grading conducted for preparing a construction site or restoring
land following a flood or natural disaster.
D.
Excavations for building construction purposes.
E.
Nonmetallic mining sites of less than one acre.
F.
Any mining operation, the reclamation of which is required in a permit
obtained under Ch. 293 or Subchapter III of Ch. 295, Wis. Stats.
G.
Any activities required to prepare, operate or close a solid waste
disposal facility under Subchapters II to IV of Ch. 289, Wis. Stats.,
or a hazardous waste disposal facility under Ch. 291, Wis. Stats.,
that are conducted on the property on which the facility is located,
but this chapter shall apply to activities related to solid waste
or hazardous waste disposal that are conducted at a nonmetallic mining
site that is not on the property on which the solid waste or hazardous
waste disposal facility is located, such as activities to obtain nonmetallic
minerals to be used for lining, capping, covering or constructing
berms, dikes or roads.
H.
Dredging for navigational purposes, to construct or maintain farm
drainage ditches and for the remediation of environmental contamination
and the disposal of spoils from that dredging.
I.
Removal of material from the bed of Lake Michigan or Lake Superior
by a public utility pursuant to a permit under § 30.21,
Wis. Stats.
A.
General requirements. 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 Town Board. Permits shall be denied if the Town Board finds
that the project does not conform to the minimum standards set forth
in this chapter or if the applicant has failed or continues to fail
to comply with this chapter.
B.
Application. The application for a permit shall be submitted to the
Town Clerk/Treasurer on forms provided by the Town. 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:
(1)
General information. The name and address of the operator.
(2)
Lease. 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 chapter. The expiration date of the lease shall clearly
be indicated thereon.
(3)
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.
(4)
General map. Five copies of a general map which shall be drawn at
a scale of no less than one inch equals 100 feet and shall include
the following:
(a)
Property boundaries of the operator's owned and/or leased
land consistent with the legal description for the premises.
(b)
Location and names of all known streams, roads, railroads, and
utility lines on or immediately adjacent to the site.
(c)
Location of all structures owned by parties in interest within
1,000 feet.
(d)
Names and addresses of parties in interest.
(e)
Boundaries for the site.
(f)
Location and description of mining site boundary stakes and
permanent reference point.
(g)
Zoning of the site.
(h)
Existing and proposed drainage within and without the site of
operations to a distance of 1,000 feet, reflecting the handling of
all water, natural, pumped, and surface, and identify wetlands thereon.
(5)
Operation plan. The operation plan shall include information about
the site, a legal description of the proposed nonmetallic mining operation,
and methods and procedures to be used in mining the site, including
the following:
(a)
Type of mining, processing and transportation equipment to be
used.
(b)
Type of materials to be extracted.
(c)
Primary travel routes to be used to transport material to processing
plants or markets.
(d)
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.
(e)
If explosives are to be used in the operation, a copy of the
blaster's explosive use plan should be on file with the Town.
(f)
A statement that the applicant has complied with all Wisconsin
State Statutes, Administrative Code provisions and Town/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.
(7)
Other information. The Town 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 Town 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 Town 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.[2]
A.
Standards for evaluation and approval. The Town Board, in conjunction
with the Town'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
Town and any other pertinent requirements deemed necessary by the
Town 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 Town 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.[1]
B.
Public hearing.
(1)
Within 30 days after receipt of a complete permit application and
a recommendation from the Town Planning and Zoning Board, the Town
Clerk/Treasurer shall schedule a public hearing on the application
before the Town Board; the application shall be submitted to the Planning
and Zoning Board and the Town's consultants for their recommendation
prior to Town Board action.
(2)
Notice of the aforementioned public hearing shall be mailed to the
last known address of all owners of property within a one-mile radius
of the subject property. Failure to receive notice shall not invalidate
any action taken by the Town Board.
(3)
At the hearing on an application for a nonmetallic mining permit,
the Town 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 Town 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 Board and the Town's consultants.
The applicant shall be given an opportunity to respond to any adverse
comments, evidence or recommendations.
C.
Approval
or denial. Within 30 days after the hearing the Town Board shall grant,
deny or grant with modification the application based upon specific
findings and conclusions. The Town 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 Town Board shall take into account
the preexisting nature and circumstances of the operation.
E.
Existing
stone quarries. All stone quarries as nonmetallic mining operations
legally existing at the effective date of this chapter shall not be
subject to the public hearing requirements except for enlargement.[3]
[3]
Editor's Note: Original § 2.106, Minimum reclamation
standards, which immediately followed this section, was repealed 4-13-2015.
Section 2 of the ordinance adopted 4-13-2015 provided as follows:
"The purpose of this ordinance is to allow Brown County to manage
the nonmetallic mining reclamation program."
A.
Right of access. The filing of an application shall grant the Town
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 chapter. 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.
B.
Compliance with other 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 Town/county ordinances regulating erosion control, wetlands, navigable
streams, air quality, zoning, water drainage and discharge from the
site of operation.[1]
C.
Failure to open and operate. Failure of an operator to take substantial
steps to open and operate in a site during the initial permit period
may be grounds for the Town Board to deny a request for renewal. Such
denials may be appealed to the Circuit Court.
D.
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 Town 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 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.
E.
Plans on site. A copy of the plans and specifications returned by
the Town at the time of permit issuance shall be kept on the project
site throughout the entire excavation and reclamation period.
F.
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 with an option by the operator to renew for three years. The
permit is subject to revocation for failure to comply with permit
regulations.
G.
Limits of operation. Projects shall be limited to approved dimensions.
H.
Conflicts with other regulations. It is the responsibility of the
operator to obtain any local, state or federal permits or approvals.
I.
Compliance with reclamation. The operator shall comply with progressive
reclamation plans, if any, and final reclamation plans for the site.
J.
Notification of commencement and cessation. The operator shall notify
the Town 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 Town Engineer for approval of the reclamation
before entering the next phase.
K.
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 chapter shall be subject to inspection by the Town officials
at all reasonable times; provided, however, that Town 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.
L.
Complaints of violations. In the event of a complaint of a violation
of this chapter, the plan of operation or the plan of reclamation,
the permittee shall be notified thereof in writing by the Town and
shall respond to the Town in writing within 10 working days of notification
by the Town. 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 a hearing by some neutral
party, such as an arbitrator or court, it has been determined that
there has been a violation of this chapter.
M.
Other conditions. The Town 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 chapter and
to limit any adverse environmental impacts. Standards contained in
Ch. Trans 207, Wis. Adm. Code, or in the State of Wisconsin Department
of Transportation Standard Specifications for Road and Bridge Construction
may be applied to any appropriate aspect of this chapter.
(1)
Hours of operation: 6:00 a.m. to 6:00 p.m., Monday through Friday,
April 1 to September 30; 6:00 a.m. to 9:00 p.m., Monday through Friday,
October 1 to March 31; 6:00 a.m. to 3:00 p.m., Saturday, all year;
and 7:00 a.m. to 5:00 p.m., Monday through Friday, drilling operations.
These time parameters only restrict the operation of crushing equipment.
Maintenance and repair work, which include the operation of small
engines, may be done outside of these parameters. Additional hours
of operation would be subject to approval of the Town Board.
(2)
Setbacks. The nonmetallic mining operation shall be set back a minimum
of 35 feet from the right-of-way line of all highways, streets or
roads and all exterior property lines and a minimum of 250 feet from
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 35 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 chapter 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 contingent on property security measures approved by the
Town Board.
(3)
Dust control. Opacity limit for all fugitive emissions at the property
line of the site shall comply with Department of Natural Resources
requirements.
(4)
Dumping prohibited. The owner and/or operator of a nonmetallic mining
operation shall not haul junk, rubbish, or salvage materials of any
kind, including but not limited to autos, trucks, or parts thereof,
into or outside of the nonmetallic mining site and property contiguous
thereto unless approved by the Department of Natural Resources.
A.
Applications for permit renewal must be submitted in writing to the
Town Clerk/Treasurer at least 60 days prior to the expiration date
of the existing permit. Such applications shall comply with the provisions
of this chapter 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.
B.
No permit renewal shall be granted unless the project is in reasonable
compliance with the terms of the existing permit.
C.
Permit renewals may be conditioned upon correction of any unanticipated
environmental impacts occurring during the original or renewal permits.
D.
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 § 182-10 of this chapter.
All nonmetallic mining operations existing at the effective
date of this chapter (April 24, 2000) shall, within 30 days of said
effective date of this chapter, be provided with a copy of this chapter
via certified mail. Within 90 days of their receipt of this chapter,
operators of existing nonmetallic mining operations shall submit the
necessary plans to bring said operation into conformity with this
chapter. Such period may be extended for an additional 90 days upon
review and approval by the Town Board of said written request for
extension. Pending the receipt and review of a timely submitted application
by the Town 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.
A.
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.
B.
Transfer of permit. When one operator succeeds to the interest of
another in an uncompleted site, the Town Board shall release the first
operator of the responsibilities imposed by the permit, but only if:
C.
Site enlargement. Any proposed enlargement shall be processed as
a new application pursuant to this chapter. All provisions of this
chapter shall apply to the proposal.
The application for an initial permit hereunder shall be accompanied
by a fee as provided in the Town Fee Schedule. An application for
a renewal permit hereunder, if no substantial alterations or changes
are proposed to be made to the previously approved plans, shall be
accompanied by a fee as provided in the Town Fee Schedule. If substantial
alterations or changes are proposed to be made to the previously approved
plans, the application for the renewal permit shall be accompanied
by an additional fee as provided in the Town Fee Schedule. Permits
are issued for a calendar year, or three-year period, and expire on
December 31 of the permit expiration year.
The Town Board or its designee may enter the premises of a nonmetallic
mining site in the performance of its or his 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 a 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.
A.
Enforcement. The following are criteria that the Town Board may consider
for issuance, reissuance, suspension or revocation of a nonmetallic
mining permit:
(2)
Submittal to the Town Board of the Town of Lawrence of a nonmetallic
mining operation plan and fails upon operation to comply with the
plan.
(3)
Submittal to the Town Board of the Town of Lawrence of a nonmetallic
mining reclamation plan and fails upon operation to comply with the
plan as required by the Brown County Nonmetallic Mining Reclamation
Ordinance.[2]
(5)
Compliance with the operational hours for operation of the nonmetallic
mining operation.
(6)
Fails to install, provide and maintain adequate and necessary physical
structures, equipment and operational controls as determined by the
Town Board to prevent public nuisances and to protect the public health
and safety of persons residing near the nonmetallic mining operation
or persons entering the nonmetallic mining operation, including public
nuisances associated with noise, dust, odors, fires, explosions, water
pollution, air pollution and erosion.
(7)
Attempts made by the permittee or party in interest to comply with
the provisions of this chapter.
(8)
Consideration of extenuating circumstances and matters beyond the
control of the permittee or real party in interest.
B.
Suspension/revocation.
(1)
Unless expressly provided herein or by other Town of Lawrence ordinance
provisions, the nonmetallic mining permit may be suspended or revoked
for cause for substantial noncompliance with this chapter after the
proper Town of Lawrence hearing noted below, unless in an emergency
condition determined by the Town Board of the Town of Lawrence wherein
the permit can be suspended temporarily for a set time period. The
Town Board shall give sufficient notice to the permittee and the permittee
shall have a reasonable time period to cure violations. Prior to any
action for suspension or revocation, the Town Board of the Town of
Lawrence must, by the Town Clerk/Treasurer of the Town of Lawrence,
receive a verified complaint concerning the permittee. The following
persons may file a verified complaint with the Town Board of the Town
of Lawrence:[4]
(2)
The Town 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.
(3)
The person subject to charges for violation of any Town of Lawrence
ordinance or any violation of a condition of a nonmetallic mining
permit shall be provided a copy of the verified complaint and notice
of hearing before the Town Board of the Town of Lawrence. The hearing
shall be required to be not less than 10 days or more than 30 days
after receipt of notice, unless stipulated in writing by the Town
Board of the Town of Lawrence and the person subject to charges.
(4)
The person subject to charges for violation of any Town of Lawrence
ordinance or any violation of a condition of the nonmetallic mining
permit shall be entitled to the following:
(5)
The Town Board of the Town of Lawrence may, after the hearing for
any person previously issued a nonmetallic mining permit by the Town
Board of the Town of Lawrence, act as follows:
(6)
The final decision of the Town Board of the Town of Lawrence to revoke
or suspend the nonmetallic mining permit shall be subject to appeal
to the Circuit Court.
C.
Penalty.
(1)
In addition to the denial, suspension or revocation of a permit issued under this chapter, any person who shall violate any provision of this chapter or who shall fail to obtain a permit as required hereunder shall, upon conviction of such violation, be subject to a penalty as provided in § 1-3 of this Code, together with the costs of prosecution. Any default of such forfeiture determined by a court of competent jurisdiction shall be subject to any penalties as provided by §§ 66.0109, 66.0113, 66.0114 and 66.0115, Wis. Stats., as may be amended.[5]
(2)
Each violation and each day a violation continues or occurs shall
constitute separate offense. Nothing in this chapter shall preclude
the Town from maintaining any appropriate action to prevent or remove
a violation of any provision of this chapter.
