A nonmetallic mining reclamation permit issued under this chapter may be modified by Pierce County if it finds that, due to changing conditions, the nonmetallic mining site is no longer in compliance with Chapter NR 135, Wisconsin Administrative Code, or this chapter. Such modification shall be by an order modifying the permit in accordance with § 241-32. This modifying order may require the operator to amend or submit new application information, reclamation plan, proof of financial assurance or other information needed to ensure compliance with Chapter NR 135, Wisconsin Administrative Code, or this chapter.
At the operator's option. If the operator of any nonmetallic mine that holds a reclamation permit issued under this chapter desires to modify such permit or reclamation plan approved under this chapter, it may request such modification by submitting a written application for such modification to Pierce County Land Management Department or Land Conservation Department. The application for permit or plan modification shall be acted on using the standards and procedures of this chapter.
Required by the operator. The operator of any nonmetallic mine that holds a reclamation permit issued under this chapter shall request a modification of such permit if changes occur to the area to be mined, the nature of the planned reclamation, or other aspects of mining required by the reclamation plan approved pursuant to this chapter. Such application for permit modification shall be acted on using the standards and procedures of this chapter.
Grounds. Pierce County may suspend or revoke a nonmetallic mining reclamation permit issued pursuant to this chapter if it finds the operator has done any of the following:
If Pierce County makes any of the findings in Subsection A, it may suspend a nonmetallic mining reclamation permit for up to 30 days. During the time of suspension, the operator may not conduct nonmetallic mining at the site, except for reclamation or measures to protect human health and the environment as ordered by the regulatory authority pursuant to § 241-32.
If Pierce County makes any of the findings in Subsection A, it may revoke a nonmetallic mining reclamation permit. Upon permit revocation, the operator shall forfeit the financial assurance it has provided pursuant to this chapter to Pierce County. Pierce County may use forfeited financial assurance to reclaim the site to the extent needed to comply with this chapter and the applicable reclamation ordinance.
Contents and deadline. Annual reports that satisfy the requirements of this section shall be submitted by the operators of nonmetallic mining sites.
Contents. The annual report required by this section shall include all of the following:
The name and mailing address of the operator.
The location of the nonmetallic mining site, including legal description, tax key number or parcel identification number, if available.
The identification number of the applicable nonmetallic mining permit, if assigned by Pierce County.
The acreage currently affected by nonmetallic mining extraction and not yet reclaimed.
The amount of acreage that has been reclaimed to date, on a permanent basis, and the amount reclaimed on an interim basis.
The following certification, signed by the operator: "I certify that this information is true and accurate, and that the nonmetallic mining site described herein complies with all conditions of the applicable nonmetallic mining reclamation permit and Chapter NR 135, Wisconsin Administrative Code."
Deadline. The annual report shall cover activities on unreclaimed acreage for the previous calendar year and be submitted by January 31.
When reporting may end. Annual reports shall be submitted by an operator for all active and intermittent mining sites to Pierce County for each calendar year until nonmetallic mining reclamation at the site is certified as complete pursuant to § 241-29C or at the time of release of financial assurance pursuant to § 241-14A(7).
Inspection in lieu of report. Pierce County may, at its discretion, obtain the information required in Subsection A for a calendar year by written documentation of an inspection it completes during a calendar year, as set forth in this subsection. If Pierce County obtains and documents the required information, the annual report need not be submitted by the operator. If Pierce County determines that the operator need not submit an annual report pursuant to this subsection, it shall advise the operator in writing at least 30 days before the end of the applicable calendar year. In that case, Pierce County shall require the operator to submit the certification required in Subsection A(1)(g).
Retention of annual reports. Annual reports submitted under Subsection A or inspection records that replace them under Subsection B shall be retained by Pierce County for at least 10 years after the calendar year to which they apply. These records, or accurate copies of them, shall be made available to the Wisconsin Department of Natural Resources upon written request or during its inspection or audit activities carried out pursuant to Chapter NR 135, Wisconsin Administrative Code.
Amount and applicability. A person who intends to operate a nonmetallic mining site for which a permit application has been submitted under § 241-12 shall submit a nonrefundable plan review fee. No plan review fee may be assessed under this section for any local transportation-related mining receiving an automatic permit under § 241-16C. A separate plan review fee shall be paid under this section for any modification to an existing reclamation plan submitted pursuant to § 241-23. The fee will be set by resolution of the Land Management Committee.
Areas subject to fees, procedures and deadline.
Operators of all nonmetallic mining sites subject to reclamation permits issued under this chapter shall pay annual fees to Pierce County. Fees paid under this section shall include both a share for the Wisconsin Department of Natural Resources under Subsection B and a share for Pierce County under Subsection C that equals as closely as possible the costs of examination and approval on nonmetallic mining reclamation plans and the inspection of nonmetallic mining reclamation sites.
Fees paid under this section shall be calculated based on the unreclaimed acres of nonmetallic mining site, as defined below.
"Unreclaimed acre" or "unreclaimed acres" means those unreclaimed areas in which nonmetallic mining has occurred after August 1, 2001, and areas where nonmetallic mining reclamation has been completed but is not yet certified as reclaimed under § 241-14A(7). However, the term does not include any areas described in Subsection B.
"Unreclaimed acre" or "unreclaimed acres" does not include:
Those areas previously affected by nonmetallic mining but which are not used for nonmetallic mining after August 1, 2001.
Those portions of nonmetallic mining sites which are included in an approved nonmetallic mining reclamation plan but are not yet affected by nonmetallic mining.
Areas previously mined but used after August 1, 2001, for a nonmining activity, such as the stockpiling of materials used for an industrial activity such as an asphalt plant, concrete batch plant, block and tile operation or other industry that uses products produced from nonmetallic mining.
Fees shall be assessed on active acres only and shall not be assessed on acreage where nonmetallic mining is proposed and approved but where no nonmetallic mining has yet taken place.
Fees assessed pursuant to this section shall be based on unreclaimed acres at the end of the year. Such fees apply to a calendar year or any part of a year in which nonmetallic mining takes place, until final reclamation is certified as complete under § 241-29. Fees shall be paid no later than January 31 for the previous year.
If reclamation has already occurred on portions of a nonmetallic mining site, the fees for such portions may be submitted with a request that they be held by Pierce County pending certification of completed reclamation pursuant to §§ 241-29C and 241-14A(7). Upon such certification Pierce County shall refund that portion of the annual fee that applies to the reclaimed areas. If Pierce County fails to make a determination under §§ 241-29C and 241-14A(7) within 60 days of the request, it shall refund that portion of the annual fee that applies to the reclaimed areas.
Wisconsin Department of Natural Resources' share of fee.
Fees paid under this section shall include a share for the Wisconsin Department of Natural Resources equal to the amount specified in Table 1 of Section NR 135.39, Wisconsin Administrative Code, and set by resolution of the Land Management Committee.
For nonmetallic mining sites at which no nonmetallic mining has taken place during a calendar year, the share for the Wisconsin Department of Natural Resources shall be $15.
Pierce County shall forward fees collected under this subsection to the Wisconsin Department of Natural Resources by March 31.
Pierce County's share of fee. Fees paid under this section shall also include an annual fee due to Pierce County, which shall be a dollar amount established by the Land Management Committee on an unreclaimed acre basis, and equal as closely as possible the County's cost of administering the reclamation program.
Reduced fee for inactive mines. Any site on which no nonmetallic mining activity has taken place in a calendar year shall be assessed a fee for the following calendar year. The fee shall be set by resolution of Land Management Committee.
Documentation of Pierce County's share of fee. If the annual fee in Subsection C is greater than that established in Section NR 135.39(4)(c), Wisconsin Administrative Code, Pierce County shall document in writing its estimated program costs and the need for its annual fees established in Subsection C. This documentation shall be available for public inspection at the office of the Land Management Department.
Other fees due to Wisconsin Department of Natural Resources. Any other fees that may apply shall be collected according to the tables in Section NR 135.39, Wisconsin Administrative Code, as amended.
Reporting. Pierce County shall send an annual report to the Wisconsin Department of Natural Resources by March 31 for the previous calendar year. The report shall include the following information for the previous year's nonmetallic mining reclamation program:
The total number of nonmetallic mining reclamation permits in effect.
The number of new permits issued within the jurisdiction of Pierce County.
The number of acres approved for nonmetallic mining and the number of acres newly approved in the previous year.
The number of acres being mined.
The number of acres that have been reclaimed and have had financial assurance released pursuant to § 241-14A(7).
The number and nature of alternative requirements granted, permit modifications, violations, public hearings, enforcement actions, penalties that have been assessed and bond or financial assurance forfeitures.
Documentation. Pierce County shall, to the best of its ability, maintain the information set forth below and make it available to the Wisconsin Department of Natural Resources for that agency's audit of Pierce County's reclamation program pursuant to Chapter NR 135, Wisconsin Administrative Code:
Documentation of compliance with Chapter NR 135, Wisconsin Administrative Code, and this chapter.
The procedures employed by Pierce County regarding reclamation plan review and the issuance and modification of permits.
The methods for review of annual reports received from operators.
The method and effectiveness of fee collection.
Procedures to accurately forward the Wisconsin Department of Natural Resources' portion of collected fees in a timely fashion.
Methods for conducting on-site compliance inspections and attendant reports, records and enforcement actions.
Responses to citizen complaints.
The method of and accuracy in determining the amount of the financial assurance obtained from the operator to guarantee reclamation performance.
The maintenance and availability of records.
The method of determining the success of reclamation in meeting the criteria contained in the reclamation plan and subsequently releasing the financial assurance pursuant to § 241-14A(7).
Any changes in local regulations, ordinances, funding and staffing mechanisms or any other factor which might affect the ability of Pierce County to implement its nonmetallic mining reclamation program under this chapter.
The amount of fees collected in comparison to the amount of money actually expended for nonmetallic mining reclamation program administration.
Any other performance criterion necessary to ascertain compliance with Chapter NR 135, Wisconsin Administrative Code.
Reporting. The operator of a nonmetallic mining site may certify completion of reclamation for a portion or all of the nonmetallic mining site pursuant to a reclamation plan prepared and approved pursuant to this chapter and Chapter NR 135, Wisconsin Administrative Code.
Reporting of interim reclamation. The operator of a nonmetallic mining site may report completion of interim reclamation as specified in the reclamation plan for the site prepared and approved pursuant to this chapter and Chapter NR 135, Wisconsin Administrative Code. Reporting of interim reclamation shall be done according to the procedures in Subsection A.
Certification of completed reclamation. Pierce County shall inspect a nonmetallic mining site for which reporting of reclamation or interim reclamation has been submitted pursuant to this subsection within 60 days of receipt and make a determination in writing in accordance with § 241-14A(7)(c). If it is determined that interim or final reclamation is complete, including revegetation as specified in a reclamation plan that conforms with § 241-13, Pierce County shall issue the mine operator a written certificate of completion.
Effect of completed reclamation. If reclamation is certified by Pierce County as complete under Subsection C for part or all of a nonmetallic mining site, then:
The financial assurance required by § 241-14 shall be released or appropriately reduced in the case of completion of reclamation for a portion of the mining site.
When all final reclamation required by a reclamation plan conforming to § 241-13 and required by this chapter is certified as complete pursuant to §§ 241-14A(7) and 241-29C, Pierce County shall issue a written statement to the operator of the nonmetallic mining site, thereby terminating the reclamation permit.