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 § 245-7A, § 245-7B or § 245-10P(2).
A. 
Required submittal. All operators of all nonmetallic mining sites shall apply for a reclamation permit from Adams County. All reclamation permit applications under this section shall be accompanied by the following information:
(1) 
A brief description of the general location and nature of the nonmetallic mine.
(2) 
A legal description of the property on which any portion of the nonmetallic mine is located or proposed, including any parcel identification number.
(3) 
The names, addresses and telephone numbers of all persons or organizations who are owners or lessors of the property on which the nonmetallic mining site is located.
(4) 
The name, address and telephone number of the person or organization who is the operator.
(5) 
A certification by the operator of his or her intent to comply with the statewide nonmetallic mining reclamation standards established by Article II of this chapter.
B. 
Reclamation permit application contents. The operator of any nonmetallic mine site shall submit an application that meets the requirements specified below to Adams County Land and Water Conservation Division, P.O. Box 287, Friendship, WI 53934, prior to beginning any operations.
(1) 
The information required by Subsection A.
(2) 
The plan review and annual fees required by §§ 245-26 and 245-27.
(3) 
A reclamation plan conforming to § 245-13.
(4) 
A certification that the operator will provide, as a condition of the reclamation permit, financial assurance as required by § 245-13 upon granting of the reclamation permit and before mining begins.
(5) 
To avoid duplication, the permit application and submittals required under this subsection may, by reference, incorporate existing plans or materials that meet the requirements of this chapter.
A. 
Reclamation plan required. All operators who conduct or plan to conduct nonmetallic mining shall submit to Adams County a reclamation plan that meets the requirements and complies with the reclamation standards of Article II of this chapter.
B. 
Site information. The reclamation plan shall include information sufficient to describe the existing natural and physical conditions of the site, including, but not limited to:
(1) 
Maps of the nonmetallic mining site, including the general location, property boundaries, the aerial extent, geologic composition and depth of the nonmetallic mineral deposit, the distribution, thickness and type of topsoil, the location of surface waters and the existing drainage patterns, and the approximate elevation of groundwater, as determined by existing hydrogeologic information. In specific instances where the existing hydrogeologic information is insufficient for purposes of the reclamation plan, the applicant may supplement the information with the opinion of a licensed professional geologist or hydrologist.
(2) 
Topsoil or topsoil substitute material, if required to support revegetation needed for reclaiming the site to approved post-mining land use, can be identified using County Soil Surveys or other available information, including that obtained from a soil scientist or the University of Wisconsin Soil Science Extension Agent or other available information resources.
(3) 
Information available to the mine operator on biological resources, plant communities, and wildlife use at and adjacent to the proposed or operating mine sites.
(4) 
Existing topography as shown on contour maps of the site at two-foot intervals or less.
(5) 
Location of man-made features on or near the site.
(6) 
For proposed nonmetallic mining sites that include previously mined areas, a plan view drawing showing the location and extent of land previously affected by nonmetallic mining, including the location of stockpiles, wash ponds and sediment basins.
Note: Some of or all of the information required above may be shown on the same submittal, i.e., the site map required by Subsection B(1) may also show topography required by Subsection B(4).
C. 
Post-mining land use.
(1) 
The reclamation plan shall specify a proposed post-mining land use for the nonmetallic mine site. The proposed post-mining land use shall be consistent with local land use plans and local zoning at the time the plan is submitted, unless a change to the land use plan or zoning is proposed. The proposed post-mining land use shall also be consistent with all applicable local, state, or federal laws in effect at the time the plan is submitted.
Note: A proposed post-mining land use is necessary to determine the type and degree of reclamation needed to correspond with that land use. The post mining land use will be key in determining the reclamation plan. Final slopes, drainage patterns, site hydrology, seed mixes and the degree of removal of mining-related structures, drainage structures, and sediment control structures will be dictated by the approved post-mining land use.
(2) 
Land use for nonmetallic extraction in areas zoned under an exclusive use ordinance pursuant to § 91.75, Wis. Stats.,[1] shall be restored to agricultural use.
Note: Section 91.75(9), Wis. Stats., contains this requirement.[2] Section 91.01(2), Wis. Stats., defines the term "agricultural use."
[1]
Editor's Note: Section 91.75, Wis. Stats., was repealed by 2009 Act 28, § 1947, effective 7-1-2009. See now § 91.38, Wis. Stats.
[2]
Editor's Note: Section 91.75, Wis. Stats., was repealed by 2009 Act 28, § 1947, effective 7-1-2009. See now § 91.38, Wis. Stats.
D. 
Reclamation measures. The reclamation plan shall include a description of the proposed reclamation, including methods and procedures to be used and a proposed schedule and sequence for the completion of reclamation activities for various stages of reclamation of the nonmetallic mining site. The following shall be included:
(1) 
A description of the proposed earthwork and reclamation, including final slopes angles, highwall reduction, benching, terracing and other structural slope stabilization measures and, if necessary, a site-specific engineering analysis performed by a registered professional engineer as provided by § 245-11E(1) or (2).
(2) 
The methods of topsoil or topsoil substitute material removal, storage, stabilization and conservation that will be used during reclamation.
(3) 
A plan or map which shows anticipated topography of the reclaimed site and any water impoundments or artificial lakes needed to support the anticipated future land use of the site.
(4) 
A plan or map which shows surface structures, roads and related facilities after the cessation of mining.
(5) 
The estimated cost of reclamation for each stage of the project or the entire site if reclamation staging is not planned.
(6) 
A revegetation plan which shall include timing and methods of seed bed preparation, rates and kinds of soil amendments, seed application timing, methods and rates, mulching, netting and any other techniques needed to accomplish soil and slope stabilization.
(7) 
Quantifiable standards for revegetation adequate to show that a sustainable stand of vegetation has been established which will support the approved post-mining land use. Standards for revegetation may be based on the percent vegetative cover, productivity, plant density, diversity or other applicable measures.
(8) 
A plan and, if necessary, a narrative showing erosion control measures to be employed during reclamation activities. These shall address how reclamation activities will be conducted to minimize erosion and pollution of surface water and groundwater.
(9) 
A description of any areas which will be reclaimed on an interim basis sufficient to qualify for the waiver to fees pursuant to § 245-29B and which will be subsequently disturbed prior to final reclamation. Descriptions shall include an identification of the proposed areas involved, methods of reclamation to comply with the standards in Article II of this chapter and timing of interim and final reclamation.
Note: Some of the information required by this subsection may be combined to avoid duplication, e.g., a single map may show anticipated post-mining topography required by Subsection D(3) as well as structures and roads as required by Subsection D(4).
(10) 
A description of how the reclamation plan addresses the long-term safety of the reclaimed mining site. The description shall include a discussion of site-specific safety measures to be implemented at the site and include measures that address public safety with regard to adjacent land uses.
Note: Safety measures include visual warnings, physical barriers, and slope modifications such as reclamation blasting, scaling of the rock face, and creation of benches. Other measures may be employed if found to be equivalent by a registered professional engineer.
E. 
Criteria for successful reclamation. The reclamation plan shall contain criteria for assuring successful reclamation in accordance § 245-11H.
F. 
Certification of reclamation plan. The operator shall provide a signed certification that reclamation will be carried out in accordance with the reclamation plan. If the operator does not own the land, the landowner or lessor shall also provide signed certification that they concur with the reclamation plan and will allow its implementation.
G. 
Existing plans and approvals. To avoid duplication of effort, the reclamation plan required by this section may, by reference, incorporate existing plans or materials that meet the requirements of this chapter.
H. 
Approval of reclamation plan. Adams County shall approve, conditionally approve or deny the reclamation plan submitted under this section in writing in accordance with § 245-16B for mines that apply for a reclamation permit in conformance with § 245-12. Conditional approval of reclamation plans shall be made according to § 245-16E, and denials of reclamation plans shall be made according to § 245-17. The operator shall keep a copy of the reclamation plan approved under this section at the mine site or, if not practicable, at the operator's nearest place of business.
A. 
Financial assurance requirements. All operators of nonmetallic mining sites in Adams County shall prepare and submit a proof of financial assurance of successful reclamation that meets all of the following requirements:
(1) 
Notification. The regulatory authority shall provide written notification to the operator of the amount of financial assurance required under Subsection A(3).
(2) 
Filing. Following approval of the nonmetallic mining reclamation permit, and as a condition of the permit, the operator shall file a financial assurance within Adams County. The financial assurance shall provide that the operator shall faithfully perform all requirements in this chapter, an applicable reclamation ordinance and the reclamation plan. Financial assurance shall be payable exclusively to Adams County. In cases where one or more other regulatory authorities regulate a nonmetallic mining site, all financial assurance shall be made payable to Adams County only if it currently has primarily regulatory responsibility.
(3) 
Amount and duration of financial assurance. The amount of financial assurance shall equal as closely as possible the cost to Adams County of hiring a contractor to complete either final reclamation or progressive reclamation according to the approved reclamation plan. The amount of financial assurance shall be reviewed periodically by Adams County to assure it equals outstanding reclamation costs. Any financial assurance filed with Adams County shall be in an amount equal to the estimated cost for reclaiming all sites the operator has under project permits. Adams County may accept a lesser initial amount of financial assurance, provided that the permittee initiates a process to continuously increase the amount of financial assurance until it is adequate to effect reclamation. An escrow account may be established that is based on production gross sales and serves to provide regular payments to an account that is designed to grow to the amount necessary to guarantee performance of reclamation by the expected time of final reclamation. The period of the financial assurance is dictated by the period of time required to establish the post mining land use declared and approved in the reclamation plan. This may extend beyond the permit if required to accomplish successful and complete implementation of the reclamation plan.
(4) 
Form and management. Financial assurance shall be provided by the operator and shall be by a bond or an alternate financial assurance. Financial assurance shall be payable to Adams County and released upon successful completion of the reclamation measures specified in the reclamation plan. Alternate financial assurances may include, but are not limited to, cash, certificates of deposits, irrevocable letters of credit, irrevocable trusts, established escrow accounts, demonstration of financial responsibility by meeting net worth requirements, or government securities. Any interest from the financial assurance shall be paid to the operator. Certificates of deposit shall be automatically renewable, or other assurances shall be provided before the maturity date. Financial assurance arrangements may include, at the discretion of Adams County, a blend of different options for financial assurance, including a lien on the property on which the nonmetallic mining site occurs or a combination of financial assurance methods.
(5) 
Multiple projects. Any operator who obtains a permit from Adams County for two or more nonmetallic mining sites may elect, at the time the second or subsequent site is approved, to post a single financial assurance in lieu of separate financial assurance instruments for each nonmetallic mining site. When an operator elects to post a single financial assurance in lieu of separate financial assurances for each mining site, no financial assurances previously posted on individual mining sites shall be released until the new financial assurance has been accepted by Adams County.
(6) 
Multiple jurisdictions. In cases where more than one regulatory authority has jurisdiction, a cooperative financial security arrangement may be developed and implemented by the regulatory authorities to avoid requiring the permittee to prove financial assurance with more than one regulatory authority for the same nonmetallic mining site. Financial assurance is required for each site and two or more sites of less than one acre by the same operator, except that governmental units are not required to obtain financial assurance.
(7) 
Certification of completion and release.
(a) 
The operator shall notify the regulatory authority, by filing a notice of completion, at the time that he or she determines that reclamation of any portion of the mining site or the entire site is complete. Adams County shall inspect the mine site or portion thereof that was subject of the notice of completion to determine if reclamation has been carried out in accordance with the approved reclamation plan. Adams County may partially release the financial assurance if it determines that compliance with a portion of the reclamation plan has been achieved and requires no waiting period. After determining that reclamation is complete, Adams County shall issue a certificate of completion and shall release the financial assurance or appropriately reduce the financial assurance in the case of reclamation of a portion of the mining site.
(b) 
Adams County shall make a determination of whether or not the certification in Subsection A(7)(a) can be made within 60 days that the request is received.
(c) 
Adams County may make a determination under this section that:
[1] 
Reclamation is not yet complete;
[2] 
It is not possible to assess whether reclamation is complete due to weather conditions, snow cover or other relevant factors;
[3] 
Reclamation is complete in a part of the mine; or
[4] 
Reclamation is fully complete.
(8) 
Forfeiture. Financial assurance shall be forfeited if any of the following occur:
(a) 
A permit is revoked under § 245-24 and the appeals process has been completed.
(b) 
An operator ceases mining operations and fails to reclaim the site in accordance with the reclamation plan.
(9) 
Cancellation. Financial assurance shall provide that it may not be canceled by the surety or other holder or issuer except after not less than a ninety-day notice to Adams County in writing by registered or certified mail. Not less than 30 days prior to the expiration of the ninety-day notice of cancellation, the operator shall deliver to Adams County a replacement proof of financial assurance. In the absence of this replacement financial assurance, all mining shall cease until the time it is delivered and in effect.
(10) 
Changing methods of financial assurance. The operator of a nonmetallic mining site may change from one method of financial assurance to another. This may not be done more than once a year unless required by an adjustment imposed pursuant to § 245-12. The operator shall give Adams County at least 60 days' notice prior to changing methods of financial assurance and may not actually change methods without the written approval of Adams County.
(11) 
Bankruptcy notification. The operator of a nonmetallic mining site shall notify the regulatory authority by certified mail of the commencement of voluntary or involuntary proceeding under the Bankruptcy Code, 11 U.S.C. § 101 et seq., naming the operator as debtor, within 10 days of commencement of the proceeding.
(12) 
Adjustment of financial assurance. Adams County may notify the operator in writing that adjustment is required and necessary and the reasons for it. Adams County may adjust financial assurance based upon the following without limitation: prevailing or projected interest or inflation rates, or the latest cost estimates for reclamation.
(13) 
Net worth test.
(a) 
Only an operator that meets the definition of "company" in § 289.41(1)(b), Wis. Stats., may use the net worth method of providing financial assurance.
(b) 
The operator shall submit information to the regulatory authority in satisfaction of the net worth test requirements of § 289.41(4), Wis. Stats. The criteria in § 289.41(6)(b), (d), (e), (f), (g), (h) and (i), Wis. Stats., shall apply.
(c) 
An operator using the net worth test to provide financial assurance for more than one mine shall use the total cost of compliance for all mines in determining the net worth to reclamation cost ratio in accordance with § 289.41(6), Wis. Stats.
(d) 
Determinations under the net worth test shall be done in accordance with § 289.41(5), Wis. Stats.
(e) 
In addition, the operator shall submit a legally binding commitment to faithfully perform all compliance and reclamation work at the mine site that is required under this chapter.
B. 
Private nonmetallic mines. The operator of any nonmetallic mining site that applies for a reclamation permit in conformance with § 245-12 shall submit proof of financial assurance required by § 245-14A 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. Adams County shall provide public notice and the opportunity for a public informational hearing as set forth below:
(1) 
Public notice.
(a) 
When Adams County receives an application to issue a reclamation permit, it shall publish a public notice of the application no later than 30 days after receipt of a complete application that satisfies § 245-12.
(b) 
The notice shall briefly describe the mining and reclamation planned at the nonmetallic mining site. The notice shall be published as a Class 1 notice pursuant to § 985.07(1), Wis. Stats., in the official newspaper of Adams County. The notice shall mention the opportunity for public hearing pursuant to this section and shall give the locations at which the public may review the application and all supporting materials, including the reclamation plan.
(c) 
Copies of the notice shall be forwarded by Adams County to the applicable municipal zoning board, applicable local planning organization, the county land conservation officer, and owners of land within 300 feet of the boundaries of the parcel or parcels of land on which the site is located.
(2) 
Hearing. Adams County shall provide for an opportunity for a public informational hearing on application or request to issue a nonmetallic mining reclamation permit as follows:
(a) 
If it conducts a zoning-related hearing on the nonmetallic mine site, Adams County shall provide the opportunity at this hearing to present testimony on reclamation-related matters. This opportunity shall fulfill the requirement for public hearing for a nonmetallic mining reclamation permit required by this section. Adams County shall consider the reclamation-related testimony in the zoning-related hearing in deciding on a permit application pursuant to this chapter.
(b) 
If there is no opportunity for a zoning-related hearing on the nonmetallic mine site as described in Subsection A(2)(a), opportunity for public hearing required by this section shall be provided as follows: Any person residing within, owning property within, or whose principal place of business is within 300 feet of the boundary of the parcel or parcels of land in which the nonmetallic mining site is located or proposed may request a public informational hearing. Adams County shall hold a public hearing if requested by any of these persons within 30 days of the actual date of public notice under § 245-15A(1). This public informational hearing shall be held no sooner than 30 days nor later than 60 days after being requested. The hearing shall be conducted as an informational hearing for the purpose of explaining and receiving comments from affected persons on the nature, feasibility and effects of the proposed reclamation.
(c) 
The subject matter and testimony at this informational hearing shall be limited to reclamation of the nonmetallic mine site.
Note: Informational hearings are limited to reclamation of the nonmetallic mine site. Regulatory authority staff conducting the hearings should make it clear that the hearings may not cover nonreclamation matters because they are beyond the scope of Chapter NR 135 reclamation. Nonreclamation matters are those related to zoning or subject to other local authority. These matters may include but are not limited to: traffic, setbacks, blasting, dewatering, hours of operation, noise or dust control or the question of whether to use the land for mining.
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 § 245-16C.
A. 
Permit required. No person may engage in nonmetallic mining reclamation in Adams County without first obtaining a reclamation permit issued under this section, except for nonmetallic mining sites that are exempt from this chapter under § 245-7A or B, or § 245-10P(2).
B. 
Permit issuance. Applications for reclamation permits for nonmetallic mining sites that satisfy § 245-12 shall be issued a reclamation permit or otherwise acted on as provided below.
(1) 
Unless denied pursuant to § 245-17, Adams County shall approve in writing a request that satisfies the requirements of § 245-12 to issue a nonmetallic mining reclamation permit for the proposed nonmetallic mine.
(2) 
Adams County may not issue an approval without prior or concurrent approval of the reclamation plan that meets the requirements of § 245-13. The regulatory authority may issue a reclamation permit subject to the conditions in § 245-16E, if appropriate. The permit decision shall be made no sooner than 30 days nor later than 90 days following receipt of the complete reclamation permit application that meets the requirements in § 245-12 and reclamation plan that meets the requirements in § 245-13, unless a public hearing is held pursuant to 245-15. If a public hearing is held, the regulatory authority shall issue the reclamation permit, subject to conditions pursuant to § 245-16E, if appropriate, or shall deny the permit as provided in § 245-17, no later than 60 days after completing the public hearing.
(3) 
Permits issued pursuant to this subsection shall require compliance with a reclamation plan that has been approved and satisfies the requirements of § 245-13 and provision by the operator of financial assurance required under § 245-14 and payable to Adams County prior to beginning mining.
C. 
Automatic permit for local transportation-related mines.
(1) 
Adams County shall issue an expedited permit under this subsection for any borrow site that:
(a) 
Will be opened and reclaimed under contract with a municipality within a period not exceeding 36 months;
(b) 
Is a nonmetallic mine which is intended to provide stone, soil, sand or gravel for the construction, reconstruction, maintenance or repair of a highway, railroad, airport facility or other transportation facility under contract with the municipality;
(c) 
Is regulated and will be reclaimed under contract with the municipality in accordance with the requirements of the Wisconsin Department of Transportation concerning the restoration of nonmetallic mining sites;
(d) 
Is not a commercial source;
(e) 
Will be constructed, operated and reclaimed in accordance with applicable zoning requirements, if any; and
(f) 
Is not otherwise exempt from the requirements of this chapter under § 245-7B(10).
(2) 
In this subsection, "municipality" has the meaning defined in § 299.01(8), Wis. Stats.
(3) 
Automatic permits shall be issued under this subsection in accordance with the following provisions:
(a) 
The applicant shall notify Adams County of the terms and conditions of the contract with respect to reclamation of the proposed borrow site.
(b) 
The applicant shall provide evidence to Adams County to show that the borrow site and its reclamation will comply with applicable zoning requirements, if any.
(c) 
Adams County shall accept the contractual provisions incorporating requirements of the Wisconsin Department of Transportation in lieu of a reclamation plan under § 245-13.
(d) 
Adams County shall accept the contractual provisions in lieu of the financial assurance requirements in § 245-14.
(e) 
The public notice and hearing provisions of § 245-15 do not apply to nonmetallic mining sites that are issued automatic permits under this subsection.
(f) 
Mines permitted under this subsection shall pay an annual fee to Adams County as provided in § 245-27, but shall not be subject to the plan review fee provided in § 245-26. The total annual fee, including the share of the Department of Natural Resources, shall not exceed the amount in § NR 135.39, Table 2, Wisconsin Administrative Code.
Note: Fees may not be assessed for local transportation-related mines permitted under this subsection under § 245-27 that is greater than allowed by § NR 135.23(1)(g), Wisconsin Administrative Code. See § 245-27C(2) for details of this fee limitation.
(g) 
Adams County shall issue the automatic permit within seven days of the receipt of a complete application.
(h) 
If the borrow site is used to concurrently supply materials for other than the local transportation project, the automatic permitting in this subsection still applies, provided the site will be reclaimed under a contractual obligation with the municipality in accordance with the Wisconsin Department of Transportation requirements.
(i) 
Notwithstanding § 245-25, the operator of a borrow site under this subsection is required to submit only the information in an annual report necessary to identify the borrow site and to determine the applicable annual fee.
Note: A reclamation permit is not required under this chapter for nonmetallic mining 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.
D. 
Expedited review. Any operator of a nonmetallic mining site may request expedited review of a reclamation permit application under Subsection D(1) or (2), as follows:
(1) 
The operator may submit a request for expedited permit review with payment of the expedited review fee specified in § 245-26B. This request shall state the need for such expedited review and the date by which such expedited review is requested.
(2) 
The operator may submit a request for expedited permit review if the applicant requires a reclamation permit to perform services under contract with a municipality. This request shall state the need for expedited review and shall include a copy of the applicable sections of the contract and the date by which the expedited review is requested.
(3) 
Following receipt of a request under either subsection, Adams County shall inform the applicant of the estimated date for decision on issuance of the permit. If the applicant then elects not to proceed with the expedited permit review, the fee paid shall be returned.
(4) 
Expedited review under this subsection shall not waive, shorten or otherwise affect the public notice and right of hearing pursuant to § 245-15. This subsection does not impose an obligation upon the regulatory authority to act upon an expedited permit review application under this subsection by a specific date.
E. 
Permit conditions. Any decision under this section may include conditions as provided below:
(1) 
Adams County may issue a reclamation permit or approve a reclamation plan subject to general or site-specific conditions if needed to assure compliance with the nonmetallic mining reclamation requirements of this chapter. The approvals may not include conditions that are not related to reclamation.
Note: It is not appropriate for the regulatory authority to impose conditions on a reclamation permit, or the approval of a reclamation plan that address matters not directly related to nonmetallic mining reclamation. These matters may include but are not limited to: traffic, setbacks, blasting, dewatering, hours of operation, noise or dust control of the question of whether to use the land for mining.
(2) 
One required condition of the issued permit shall be that the new mine obtain financial assurance pursuant to § 245-14 prior to beginning mining.
A. 
An application to issue a nonmetallic mining reclamation permit shall be denied, within the time frame for permit issuance specified in § 245-16, if Adams County finds any of the following:
(1) 
The applicant has, after being given an opportunity to make corrections, failed to provide to Adams County an adequate permit application, reclamation plan, financial assurance or any other submittal required by Chapter NR 135, Wisconsin Administrative Code, or this chapter.
(2) 
The proposed nonmetallic mining site cannot be reclaimed in compliance with the reclamation standards contained this chapter, Chapter NR 135, Wisconsin Administrative Code, or Subchapter I of Ch. 295, Wis. Stats.
(3) 
The applicant, or its agent, principal or predecessor, has, during the course of nonmetallic mining in Wisconsin within 20 years of the permit application or modification request being considered, shown a pattern of serious violations of this chapter or of federal, state or local environmental laws related to nonmetallic mining reclamation.
(a) 
The following may be considered in making this determination of a pattern of serious violations:
[1] 
Results of judicial or administrative proceedings involving the operator or its agent, principal or predecessor.
[2] 
Suspensions or revocations of nonmetallic mining reclamation permits pursuant to this chapter, other reclamation ordinances or Chapter NR 135, Wisconsin Administrative Code.
[3] 
Forfeitures of financial assurance.
(b) 
A denial under this subsection shall be in writing and shall contain documentation of reasons for denial.
B. 
A decision to deny an application to issue a reclamation permit may be reviewed under § 245-22.
A. 
Scope of alternative requirements approvable. An operator of a nonmetallic mining site may request an alternative requirement to the reclamation standard established in § 245-11. Adams County may approve an alternative requirement to the reclamation standards established in this chapter if the operator demonstrates and Adams County finds that all of the following criteria are met:
(1) 
The nonmetallic mining site, the surrounding property or the mining plan or reclamation plan has a unique characteristic which requires an alternative requirement.
(2) 
Unnecessary hardship which is peculiar to the nonmetallic mining site or plan will result unless the alternative requirement is approved.
(3) 
Reclamation in accordance with the proposed alternative requirements will achieve the planned post-mining land use and long-term site stability in a manner that will not cause environmental pollution or threaten public health, safety or welfare.
B. 
Procedures.
(1) 
The operator of a nonmetallic mining site requesting an alternate requirement in Subsection A shall demonstrate all the criteria in Subsection A. This shall be submitted in writing to Adams County Land and Water Conservation Division, P.O. Box 287, Friendship, WI 53934.
(2) 
Requests for an alternate requirement shall be heard by the Adams County Board of Adjustment as a special exception. Application, publication and procedural requirements shall abide by Article III of Chapter 391.
(3) 
A request for an alternative requirement may be incorporated as part of an application to issue or modify a nonmetallic mining reclamation permit.
(4) 
A public informational hearing regarding the proposed alternative requirements may be requested in writing by a minimum of two or more owners of land within 300 feet of the boundaries of the parcel(s) of land on which the site is located or from the operator. The fee for such hearing shall be set by the Land and Water Conservation/UWEXtension Committee. The public notice and public informational hearing shall be executed as set forth below:
(a) 
Public notice:
[1] 
When Adams County receives an application to conduct a public informational hearing, Adams County shall publish a public notice of the application no later than 30 days after receipt of a complete application that satisfies Subsection A above.
[2] 
The notice shall briefly describe the mining and reclamation proposed at the nonmetallic mining site. The notice shall be published as a Class 2 notice pursuant to § 985.07(2), Wis. Stats., in the official newspaper of Adams County. The notice shall mention the opportunity for public hearing pursuant to this section and shall give the location at which the public may review the application and all supporting materials, including the proposed alternative requirements to the reclamation plan.
[3] 
Copies of the notice shall be forwarded by Adams County to the operator and owners of land within 300 feet of the boundaries of the parcel(s) of land on which the site is located.
(b) 
Hearing.
[1] 
If the proposed alternative requirements involve zoning-related issues, Adams County shall provide the opportunity at this hearing to present testimony on such zoning-related matters. Adams County shall consider the zoning-related issues testimony in deciding on the alternative requirements application. The hearing shall be provided as follows:
[a] 
This public informational hearing shall be held no sooner than 30 days nor later than 60 days after being requested. The hearing shall be conducted as an informational hearing for the purpose of explaining and receiving comments from affected persons on the nature, feasibility and effects of the proposed alternative requirements.
[b] 
The subject matter and testimony at this informational hearing shall be limited to the proposed alternative reclamation requirements of the nonmetallic mine site and related zoning issues.
C. 
Transmittal of decision on request for alternate requirements. The decision on a request for alternate reclamation requirements shall be in writing to the applicant and shall include documentation of why the alternate requirement was or was not approved.
D. 
Notices to Wisconsin Department of Natural Resources. Adams County shall provide notice to the Wisconsin Department of Natural Resources as set forth in this subsection. Written notice shall be given to the Wisconsin Department of Natural Resources at least 10 days prior to any public hearing held under Subsection B on a request for an alternate requirement under this section. A copy of any written decision on alternative requirements shall be submitted to the Wisconsin Department of Natural Resources within 10 days of issuance.
A. 
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 § 245-31B.
B. 
If the mine operator is not the landowner, the reclamation permit duration shall not exceed the duration of the mine lease unless the lease is renewed or the permit is transferred to a subsequent lessee pursuant to § 245-20.
A nonmetallic mining reclamation permit issued under this chapter shall be transferred to a new owner or operator upon satisfaction of the conditions:
A. 
A nonmetallic mining reclamation permit may be transferred to a new operator upon submittal to Adams County of proof of financial assurance and a certification in writing by the new permit holder that all conditions of the permit will be complied with.
B. 
The transfer is not valid until financial assurance has been submitted by the new operator and accepted by Adams County, and Adams County makes a written finding that all conditions of the permit will be complied with. The previous operator shall maintain financial assurance until the new operator has received approval and provided the financial assurance under this section.
For any nonmetallic mining site which had a reclamation permit previously issued by another regulatory authority pursuant to Chapter NR 135, Wisconsin Administrative Code, that becomes subject to reclamation permitting authority of Adams County, the terms and conditions of the previously issued municipal reclamation permit shall remain in force until modified by Adams County pursuant to § 245-23A.
Any permitting decision or action made by Adams County under this chapter may be reviewed as set forth in this Section. Notwithstanding §§ 68.001, 68.03(8) and (9), 68.06 and 68.10(1)(b), Wis. Stats., any person who meets the requirements of § 227.42(1), Wis. Stats., may obtain a contested case hearing under § 68.11, Wis. Stats., on Adams County's decision to issue, deny or modify a nonmetallic mining reclamation permit.