A.
Required submittal. All operators of nonmetallic mining sites shall
apply for a reclamation permit from Pierce County. All applications
for reclamation permits 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 the nonmetallic mine
is located or proposed, including the parcel identification number
and total acres involved.
(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 or which is the operator.
B.
Reclamation permit application contents. The operator of any nonmetallic
mine site shall submit an application that meets the requirements
specified below to the Pierce County Land Management Department.
(4)
A certification that the operator will provide, as a condition of the reclamation permit, financial assurance as required by § 241-14 upon the 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.
All operators who conduct or plan to conduct nonmetallic mining
subject to this chapter shall submit to Pierce County a reclamation
plan that meets the following requirements and complies with the reclamation
standards of this chapter:
A.
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, 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 five-foot
intervals.
(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.
B.
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.
(2)
Land used for nonmetallic mineral extraction in areas zoned under
an exclusive agricultural use ordinance pursuant to § 91.75,
Wis. Stats., shall be restored to agricultural use.
C.
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 slope 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 § 241-11E.
(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 seedbed
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
percentage of 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 of fees and the release of financial assurance pursuant to § 241-29 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 and timing of interim and final reclamation.
(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.
D.
Criteria of reclamation plan. The reclamation plan shall contain criteria for assuring successful reclamation in accordance with § 241-11H.
E.
Certification of reclamation plan. The operator shall provide a signed
certification that will be carried out in accordance with the reclamation
plan. The landowner and lessee, if different from the operator, shall
also provide signed certification that they concur with the reclamation
plan and will allow its implementation.
F.
Existing plans and approval. 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.
G.
Approval of reclamation plan. Pierce County shall approve, conditionally approve or deny the reclamation plan submitted under this section in writing in accordance with § 241-16B for mines that apply for a reclamation permit in conformance with § 241-12. Conditional approvals of reclamation plans shall be made according to § 241-16D and denials of reclamation plans shall be made pursuant to § 241-17. The operator shall keep a copy of the reclamation plan approved under this subsection 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 Pierce County shall prepare and submit a proof of financial
assurance that meets 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 with Pierce 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 Pierce County.
In cases where one or more other regulatory authorities regulate a
nonmetallic mining site, all financial assurance shall be made payable
to Pierce County only if it currently has primary regulatory responsibility.
(3)
Amount and duration of financial assurance. The amount of financial
assurance shall equal as closely as possible the cost to Pierce 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 Pierce County
to assure it equals outstanding reclamation costs. Any financial assurance
filed with Pierce County shall be in an amount equal to the estimated
cost for reclaiming all sites the operator has under project permits.
The period of the financial assurance is dictated by the period of
time required to establish the post-mining land use declared and approved
of 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 Pierce 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 Pierce 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 Pierce
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 Pierce 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
the reclamation of any portion of the mining site or the entire site
is complete. Pierce County Land Management Department or Land Conservation
Department shall inspect the mine site or portion thereof that was
the subject of the notice of completion to determine if reclamation
has been carried out in accordance with the approved reclamation plan.
Pierce 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, Pierce 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)
Pierce County shall make a determination of whether or not the certification in Subsection A(7) can be made within 60 days that the request is received.
(c)
Pierce County may make a determination under this subsection
that:
(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 ninety-day notice to Pierce 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 Pierce 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 Subsection A(12). The operator shall give Pierce County at least 60 days' notice prior to changing methods of financial assurance and may not actually change methods without the written approval of Pierce 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 Bankruptcy
Code, 11 U.S.C. et seq., naming the operator as debtor, within 10
days of commencement of the proceeding.
(12)
Adjustment of financial assurance. Financial assurance may be
adjusted when required by Pierce County. Pierce County may notify
the operator in writing that adjustment is necessary and the reasons
for it. Pierce County may adjust financial assurance based upon 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)
Determinations under the net worth test shall be done in accordance
with § 289.41(5), Wis. Stats.
(d)
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.
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. Pierce County shall provide public notice
and the opportunity for a public informational hearing as set forth
below:
(1)
Public notice.
(a)
When Pierce 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 § 241-12.
(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 Pierce 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 Pierce County to
the County or applicable local zoning board, the County and 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. Pierce County shall provide for an opportunity for a public
informational hearing on an 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, Pierce 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. Pierce County
shall consider the reclamation-related testimony in the zoning-related
hearing in deciding on a permit application pursuant to this chapter.
(b)
Informational hearing.
[1]
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. Pierce County shall hold a public hearing if requested by any of these persons within 30 days of the actual date of public notice under Subsection A(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 comment from affected persons on the nature, feasibility and effects of the proposed reclamation.
[2]
The subject matter and testimony at this informational hearing
shall be limited to reclamation of the nonmetallic mine site.
A.
Permit required. No person may engage in nonmetallic mining or nonmetallic mining reclamation in Pierce County without first obtaining a reclamation permit issued pursuant to this chapter, except for nonmetallic mining sites that are exempt from this chapter under § 241-7B.
B.
Permit issuance. Applications for reclamation permits for nonmetallic mining that satisfy § 241-12 shall be issued a reclamation permit or otherwise acted on as provided below:
(2)
Pierce County may not issue an approval without prior or concurrent approval of the reclamation plan that meets the requirements of § 241-13. The regulatory authority may issue a reclamation permit subject to conditions in Subsection D 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 and reclamation plan pursuant to this article, unless a public hearing is held pursuant to § 241-15. If a public hearing is held, the regulatory authority shall issue the reclamation permit, subject to conditions pursuant to Subsection D, if appropriate, or shall deny the permit as provided in § 241-17, no later than 60 days after completing the public hearing.
C.
Automatic permit for local transportation-related mines.
(1)
Pierce County shall automatically issue an expedited permit under
this subsection to 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 § 241-7B(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 Pierce 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 Pierce County to show
that the borrow site and its reclamation will comply with applicable
zoning requirements, if any.
(c)
Pierce County shall accept the contractual provisions incorporating requirements of the Wisconsin Department of Transportation in lieu of a reclamation plan under § 241-13.
(d)
Pierce County shall accept the contractual provisions in lieu of the financial assurance requirements in § 241-14.
(e)
The public notice and hearing provisions of § 241-15 do not apply to nonmetallic mining sites that are issued automatic permits under this subsection.
(g)
Pierce County shall issue the automatic permit within 7 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 that the site will be reclaimed
under a contractual obligation with the municipality in accordance
with the Wisconsin Department of Transportation requirements.
D.
Permit conditions. Any decision under this section may include conditions
as provided below:
(1)
Pierce 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.
An application for a nonmetallic mining reclamation permit shall
be denied as set forth below.
A.
An application to issue a nonmetallic mining reclamation permit shall be denied, within the time frame for permit issuance specified in § 241-16, if Pierce County finds any of the following:
(1)
The applicant has, after being given an opportunity to make corrections,
failed to provide to Pierce 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 in this chapter, Chapter
NR 135, Wisconsin Administrative Code, or Subchapter I of Chapter
295, Wis. Stats.
(3)
Patterns of serious violations.
(a)
The applicant, or its agent, principal or predecessor, has,
during the course of nonmetallic mining in Wisconsin within 10 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.
(b)
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.
(c)
A denial under this subsection shall be in writing and shall
contain documentation of reasons for denial.
A.
Scope of alternative requirements approvable. An operator of a nonmetallic mining site may request an alternative requirement to any reclamation standard established in § 241-11. Pierce County may approve an alternative requirement to the reclamation standards established in this chapter if the operator demonstrates and Pierce 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 requirement
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.
C.
Transmittal of decision on request for alternate requirement. 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.
Notice to Department of Natural Resources. Pierce County shall provide notice to the 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 nonmetallic mining reclamation permit issued under this chapter
shall be transferred to a new owner or operator upon satisfaction
of the following conditions:
A.
A nonmetallic reclamation mining permit may be transferred to a new
operator upon submittal to Pierce 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 Pierce County and Pierce 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 Pierce County, the terms and conditions of the previously issued municipal reclamation permit shall remain in force until modified by Pierce County pursuant to § 241-23A.
Any permitting decision or action made by Pierce 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 Pierce County's decision to issue, deny or modify
a nonmetallic mining reclamation permit.
