A. 
Nonmetallic mining reclamation permit. No person may engage in nonmetallic mining or in nonmetallic mining reclamation in the City of Arcadia without possessing a nonmetallic mining reclamation permit issued by the City of Arcadia pursuant to this chapter unless the activity is specifically exempted in § 400-6A or B.
B. 
Required submittal. The operators of all nonmetallic mining sites in the City of Arcadia shall apply for a reclamation permit from the City of Arcadia. All reclamation permit applications under this section shall be accompanied by the information required by § NR 135.18(1), Wis. Adm. Code.
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 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.
C. 
Approval of reclamation plan. The City of Arcadia shall approve, conditionally approve or deny the reclamation plan submitted under this section in writing as part of permit issuance pursuant to § 400-14B. Conditional approvals of reclamation plans shall be made according to § 400-14E, and denials of reclamation plans made according to § 400-15. The operator shall keep a copy of the reclamation plan required by this section, once approved by the City of Arcadia under this chapter, 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 City of Arcadia shall prepare and submit a proof of financial assurance of successful reclamation that meets the requirements of § NR 135.40, Wis. Adm. Code.
B. 
Private nonmetallic mines. The operator of any nonmetallic mining site that applies for a reclamation permit in conformance with § 400-10 shall submit the proof of financial assurance required by Subsection A as specified in the reclamation permit issued to it under this chapter.
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 City of Arcadia 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 § 400-10 is received.
B. 
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 § 400-14C.
A. 
Permit required. No person may engage in nonmetallic mining or nonmetallic mining reclamation in the City of Arcadia without obtaining a reclamation permit issued under this section, except nonmetallic mining sites exempt from this chapter as provided in § 400-6B.
B. 
Permit issuance. Applications for reclamation permits for nonmetallic mining sites that satisfy § 400-10 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 to § 400-11A and provision by the applicant of financial assurance that conforms to § 400-12 payable to the City of Arcadia prior to beginning mining.
C. 
Permit for local transportation-related mines. The City of Arcadia shall issue a 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 permit shall be issued according to the provisions of § NR 135.23(1)(b) through (j), Wis. Adm. 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 § 400-23B. 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 § 400-13.
E. 
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 and provide to the City of Arcadia financial assurance prior to beginning mining pursuant to § NR 135.40, Wis. Adm. Code.
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.
A. 
Scope of alternative requirements approvable. An operator of a nonmetallic mining site may request an alternative requirement to any reclamation standard established in § 400-9 of this chapter. 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 documentation shall be submitted in writing to the City of Arcadia Zoning Board of Appeals ("Board of Appeals"). The Board of Appeals shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business. The Board of Appeals shall fix a reasonable time for the hearing; publish adequate notice pursuant to Wisconsin Statutes, specifying the date, time, place and subject of the hearing; and assure that notice shall be mailed to the parties in interest and the Department regional office at least 10 days in advance of the hearing. Any interested person may appear in person or by agent at the hearing. The final decision regarding the alternate requirement shall be made within a reasonable time; be sent to the Department of Natural Resources regional office within 10 days of the decision; be a written determination signed by the Chairman or Secretary of the Board; state the specific facts which are the basis for the Board's decision; grant or deny the request for alternate requirements; and include the reasons for the decision, as clearly stated in the recorded minutes of the Board of Appeals proceedings.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 City of Arcadia shall provide notice to the Wisconsin Department of Natural Resources of any alternate requirements approved as provided in § NR 135.26(3)(a), Wis. Adm. Code
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 § 400-28B, or as limited under § NR 135.27, Wis. Adm. Code, where the mine operator is not the landowner.
A nonmetallic mining reclamation permit issued under this chapter shall be transferred to a new owner or operator upon satisfaction of the conditions in § NR 135.28, Wis. Adm. Code, and approval by the City of Arcadia.
Any permitting decision or action made by the City of Arcadia under this chapter may be reviewed as set forth in § NR 135.30, Wis. Adm. Code.