A topographic map of the site showing existing contour with minimum vertical contour interval of five feet or an alternative vertical contour interval approved by the City. The topographic map shall show the preexisting vegetation, including but not limited to tree cover, the locations of existing and proposed access highways, rail-load out locations, and the depth of all preexisting and proposed excavations. The topographic map shall also include a complete legal description of the site and indicate the boundaries of the site, all to be completed by a land surveyor and engineer licensed in the State of Wisconsin. The topographic map shall also include a statement regarding the current use of the site.

A map depicting the layout and operational plan for the site, including the location and height of all buildings and structures used on the site, any proposed berms or other measures to be used to screen the site and any easements of record affecting the site.

A list, including the names and addresses, of all the owners of property adjacent to the site as of the date of the application for a conditional use permit for nonmetallic mining. A parcel map indicating the foregoing must also be contained in the application.

The source, quality, quantity and means of disposition of surface water or groundwater encountered in the site for nonmetallic mining, processing, or extraction.

A report of the geological composition of the site, including the depth from the surface to the nonmetallic mineral deposit, the water table and the bedrock.

A report of the composition of the soil on the site, including the type, thickness and distribution of topsoil.

A fugitive dust control plan.

The elevation of the water table throughout the site.

The location of all septic systems and private wells within 1,336 feet of the site, including the owner(s) thereof, the distance from each private well to the site, the depth of each private well, the age and construction of each private well, and the static water level in each private well.

A narrative description of the proposed operation, together with a time line for commencement and reclamation and the nature and degree of land disturbing activities.

A listing of the types of equipment and machinery proposed to be utilized at the site, together with both the types and locations of structures necessary for the operation thereof.

The conditional use permit application fee, as established by the City.

If any blasting may occur, a blasting plan, with a list of all property owners within 2,640 feet (0.5 miles) of the site who must be notified before any blasting may occur.

A detailed listing of biological resources, plant communities and wildlife located on the site.

State-approved plans for all buildings and structures on the site.

Public infrastructure, including but not limited to streets and highways, schools and other public facilities;

Present and proposed land uses of land in the vicinity of the site;

Surface water drainage, water quality and supply;

Soil erosion;

Aesthetics, including but not limited to scenic beauty and the conservation of natural resources of outstanding quality or uniqueness;

The market value of lands in the vicinity of the site;

The physical practicality of reclamation of the site after operations have concluded; and

The public interest from the standpoints of smoke, dust, noxious or toxic gases and odors, noise, vibration, blasting and the operation of heavy machinery and equipment.

The expense reimbursement agreement shall cover, at a minimum, the following expenditures:

The expense reimbursement agreement shall also require the permit holder and applicant to reimburse the City within 30 business days of notice of any such fees, costs and expenses. Notice shall be deemed given upon mailing, via certified mail, of an invoice to the permit holder and applicant at their last known address, which shall be listed in the expense reimbursement agreement.

The development agreement shall address, at a minimum, the following:

Extraction. Extraction shall be allowed Monday through Friday between 6:00 a.m. and 8:00 p.m. during daylight saving time and between 6:00 a.m. and 6:00 p.m. during standard time. Extraction shall be allowed Saturday between 7:00 a.m. and 3:00 p.m. annually. No extraction shall be allowed on Sundays or holidays.

Processing. Processing shall be allowed 24 hours per day, seven days per week, if the processing occurs in a fully enclosed structure and is subject to the conditions contained in this article and any conditional use permit issued to the applicant or permit holder. If the processing does not occur in a fully enclosed structure, then processing is subject to the times limited for extraction operations in Subsection A(1).

All times stated herein are for the central time zone.

Processing during extraction hours. Noise due to processing during extraction hours of operation is not limited by this article.

Processing during nonextraction hours. Noise due to processing during nonextraction hours of operation shall not exceed 65 decibels (dB) measured at the outside of any building or structure, within 2,640 feet (0.5 miles) of the border of the site, used for human habitation or the housing of farm animals, including but not limited to cattle, horses, and poultry, unless the permit holder obtains a written waiver from the affected property owner(s). This limitation shall only apply to buildings and structures in existence as of the date the applicant submits its application for a conditional use permit and does not apply to buildings and structures located on the site. "Affected property owner(s)" shall be defined as the fee owner(s) or tenants of real estate where noise at such building or structure is measured exceeding 65 dB and the nonmetallic mine processing contributes to the measured noise.

Noise survey. Within 24 hours after commencement of actual processing during nonextraction hours of operation, a noise survey shall be completed. Processing during nonextraction hours shall not continue until a noise survey is complete and the survey indicates that the actual processing during nonextraction hours will be compliant with the noise limitations in Subsection B(2).

Waivers. The permit holder or applicant may obtain a waiver from an affected property owner(s). Such waiver shall be in writing and shall be signed by all fee owners of the affected real estate and shall be recorded in the Trempealeau County Register of Deeds office. Such waiver shall state that the affected property owner(s) is aware of the noise limitations imposed by this article and that consent is granted to allow noise levels to exceed the maximum noise limits in Subsection B(2) above.

Noise complaints. Any complaint of excessive noise due to processing during nonextraction hours shall be made in writing and shall state the name and address of the party complaining. Any complaint shall be forwarded to the Zoning Administrator. The Zoning Administrator shall immediately forward any such complaint to the permit holder. Within 72 hours of the permit holder receiving a second noise complaint due to processing during nonextraction hours, the permit holder shall install a decibel meter at the building or structure on the property of the complaining party at the sole expense of the permit holder.

Extraction. Noise due to extraction is not limited by this article but may be regulated through the conditions of the conditional use permit.

All structural lights approved in the photometric plan to illuminate exterior work areas shall be directed toward the interior area of the site and not off the site and shall be equipped with shrouds to reduce light pollution during use.

All lighting at the operation shall comply with a photometric plan approved by the Zoning Board of Appeals. Further, prior to installing any new or temporary outdoor lighting not approved by the Zoning Board of Appeals, other than emergency lighting, the permit holder shall submit a revised photometric plan to the Zoning Board of Appeals and receive approval prior to implementation of the revised photometric plan.

The photometric plan shall contain, at a minimum, the following information and specifications:

All photometric plans shall be reviewed by a professional of the City's choice who is qualified to review photometric plans.

To minimize dust, noise and light, a berm or other screening barrier may be required between the site and adjacent properties.

The Common Council has the right to require any berms or other screening barriers recommended by a licensed engineer selected by the City.

A berm or other screening barrier may be required between the site and any public road.

A berm or other screening barrier may be required to mitigate visual impacts of the site from existing historical, cultural, and recreational features and dwellings, including but not limited to trails, navigable waters, and sites identified in Trempealeau County and State of Wisconsin cultural databases.

Remedies to control dust may include methods such as berming, landscaping, enclosures for processing equipment and watering stockpiled materials and all roads within the site.

All equipment used in the operation shall be constructed, maintained and operated in such a manner as to minimize, as far as practicable, dust conditions.

The Common Council shall require air quality/air particulate monitoring of an operation. An operation that excavates, transfers, processes or stockpiles silica sand shall monitor air quality/air particulates as described herein. Monitoring equipment shall be maintained, installed and operated in accordance with all applicable Wisconsin and federal regulations. Monitoring equipment shall meet all applicable Wisconsin and federal regulations.

A groundwater quality management plan shall include plans for monitoring wells and groundwater testing.

Nonmetallic mining operations must at all times remain at least 20 feet above the water table level, unless an alternative level proposed by the applicant and established by water table elevation monitoring is approved by the Department.

The Common Council or the Department may require monitoring wells to establish the groundwater level prior to the commencement of the operation on a site.

The applicant must establish, to the satisfaction of a licensed engineer selected by the City, that the operation does not pose a legitimate risk as determined by the City to the water table level or groundwater quality of the area. The operation must be located at least 1,336 feet (0.25 miles) from any City well.

If a high-capacity well is to be used in the operation, the applicant shall obtain a permit for such high-capacity well from the Department and provide a copy of the permit to the Common Council prior to commencement of the operation.

Generally. Blasting using dynamite or other explosives shall not be allowed unless specifically authorized by the terms and conditions of the conditional use permit.

Wellhead protection. Blasting is prohibited within 1,336 feet (0.25 miles) of an area designated by the City as an existing or planned municipal well site. Blasting is further prohibited within a setback requirement established by applicable law, including but not limited to regulations adopted by the United States Department of Labor, Mine Safety and Health Administration, or Chapter SPS 307 of the Wisconsin Administrative Code.

Responsible party for damages. All blasting shall follow best management practices. Damages caused by blasting to buildings, infrastructure, water or sewer utilities (public and private) and any livestock or other animals within one mile of the site shall be the sole responsibility of the permit holder to repair or replace. Notwithstanding the foregoing, if any buildings, infrastructure, water or sewer utilities (public or private) or livestock or other animals are alleged to have been damaged by blasting, and the owner thereof refused access to property or livestock in a manner so that the consultant could not complete the preblasting survey, then the permit holder shall have no obligation for repair or replacement.

Preblasting survey. A preblasting survey, to be completed by a third-party consultant approved by the City, shall be recorded on paper, video, or unalterable electronic file to document the condition of dwellings, structures, and wells within 5,282 feet (one mile) of the blasting location. If blasting is to occur, then a preblasting survey shall be conducted prior to commencement of the operations, expansion of the operations, or change of blasting procedures. The preblasting survey shall include the following:

Blasting notification. The permit holder shall provide notice of blasting to the Zoning Administrator, the City of Arcadia Police Department, the Chief of the Arcadia-Glencoe Fire Department or his or her designee, the Town of Arcadia and the Trempealeau County Sheriff's Department dispatch. Within 72 hours prior to a blasting event at the site, the permit holder shall notify all residents and landowners within a radius of 2,640 feet (0.5 miles) of the site, in writing, of an impending blast event. Thereafter, the permit holder shall be required to develop a blasting list of residents and landowners within 2,640 feet (0.5 miles) of the site who request that they be notified, and their preferred method of receiving said notification. Within 72 hours prior to all blasting events at the site, the permit holder shall use the aforesaid list to contact all residents and landowners and notify them of the impending blasting event. Prior to any blasting event at the site, the permit holder shall also give the general public notice of the impending blast event by displaying a fluorescent flag and a legible sign within 100 feet of all public roads bordering the site. Additionally, a distinctive warning signal shall be sounded by horn immediately prior to the blasting event. If a blast does not occur or detonate as intended, that blast shall still be considered complete and shall not occur until the next scheduled blast with the proper notification, unless otherwise required to do so by applicable state or federal law. Failure of a blast to occur shall be reported the same as a successful blast. Notwithstanding anything herein to the contrary, explosives and blasting charges shall not be left in the ground. The City shall post a notice of any blasting on the City's website.

Investigation of complaints. The Zoning Administrator shall investigate complaints that blasting activity is damaging buildings, infrastructure, water or sewer utilities (public and private) and any livestock or other animals. The Zoning Administrator may order an investigation to determine whether the alleged damage occurred; the cause of the alleged damage; a solution to prevent future damage; and the costs or damages to be repaired or paid for by the permit holder. The costs of the investigation shall be paid for by the permit holder if it is determined by the investigation that the cause of the damage was blasting initiated by the permit holder. If the investigation determines that the cause of the damage was anything other than blasting initiated by the permit holder, then the complainant shall pay for the costs of the investigation.

Blasting log. The permit holder shall maintain an accurate and complete blasting log of each blasting event occurring at the site. The blasting log will be maintained by the permit holder and by any entity actually performing the blasting. Copies of the blasting logs shall be given to the City at the end of every month, unless otherwise requested. If the City makes a separate request for blasting logs, the permit holder shall submit them to the City within three business days of the City's request. The blasting log shall be maintained for a period of not less than five years. Each blasting log shall contain, at a minimum, the following information:

Storage of explosives. The permit holder shall not store any explosives or blasting agents at the site.

The applicant shall provide an initial training and site visit to emergency responders to help them learn about site-specific dangers that may require additional precautions during emergency response situations.

Due to the diversity of operations requiring a conditional use permit, the Common Council may establish a schedule of fees by resolution for conditional use permits to be issued under this article.

The City may preliminarily approve a conditional use permit if the City requires certain actions to take place prior to actual issuance of the conditional use permit. Any preliminarily approved conditional use permit shall expressly identify that the conditional use permit is only preliminarily approved and shall state that the issuance of the conditional use permit is dependent upon the satisfaction of all identified preliminary conditions.

After a conditional use permit has been issued and if no activity has taken place at an industrial sand mining site, or rail load out facility under the permit whatsoever or, alternatively, where activity was originally commenced but then has been terminated and such condition of nonactivity, exclusive of required, ongoing reclamation under such a permit, has continued for a period of 12 months in succession, the permit shall lapse as a matter of law and no further or other activities in operating the site other than reclamation will be allowed. Conditional use permits for construction aggregate mining sites shall not lapse regardless of whether activity is taking place or not. The City shall identify at the time of permitting whether a site is industrial sand or construction aggregate.

In order to seek to engage in further operations pertaining to a nonmetallic mineral mine whose permit has lapsed, it shall be required that the applicant file a new application for operation as if no permit had been granted in the first place and such permit application shall be processed in accord with all of the requirements of this action.

Upon the lapsing of a permit under this section the Zoning Administrator shall immediately inform the permit holder of the lapsing of the permit and notify of their obligation to engage in reclamation activities to the extent that they are required under and in order to fulfill the requirements of the original permit.

Should a permit holder wish to contest the conclusion of the Zoning Administrator that no activity on site has taken place during the twelve-month period immediately preceding notice to that effect, the holder may request a public hearing before the Common Council to present evidence of activity at the site. At such hearing the burden shall be upon the permit holder to establish to the satisfaction of the City that allowable activity did take place within that twelve-month period of time other than site restoration or reclamation efforts. The permit holder shall be responsible for all costs associated there with. In the event the Common Council shall conclude that the Zoning Administrator was in error, it shall continue the permit for the period of time remaining under the original permit commencing with the date of notice of its decision.

The applicant shall post and maintain a bond or cash security in an amount determined by the City for the cost of maintaining, repairing, replacing, and improving any City street utilized in the course of the operations during the entire term of the conditional use permit and for one year after the expiration or earlier termination of the conditional use permit.

The permit holder shall cause all public roadways to be scraped clean of materials at the end of the working day where nonmetallic mining equipment leaves a nonmetallic mining site or site and enters a public roadway. All such roadways shall be swept clean at the end of each week.

Designating heavy truck traffic routes. The applicant shall ensure that all of its employees and all third parties hauling materials to or from the site only use heavy truck traffic routes as expressly authorized in the conditional use permit. If no heavy truck traffic routes are expressly authorized in the conditional use permit, the applicant shall ensure that all of its employees and all third parties hauling materials to or from the site only use state roads and highways or county roads for heavy truck traffic.

Use of City water. Use of City water for nonmetallic mining purposes is prohibited unless otherwise approved by the City and is subject to any conditions imposed in a conditional use permit by the Common Council. The City has no obligation to provide water for use at the site or for the operation.

Use of private well. The permit holder shall be responsible for obtaining approval from all applicable government agencies for all private wells. The permit holder shall provide a copy of such approvals to the City prior to beginning an operation.

Emergency responders are exempt from the restrictions relating to the use of City water in this article.

Any water extracted from a private well, and any water provided by the City, shall be used only to support the operations. In no circumstances shall the permit holder or applicant be allowed to market, or sell to any third party, water that is extracted from a private well or any City water.

Use of City sewer system. Use of the City sewer system for nonmetallic mining purposes is prohibited unless otherwise approved by the City and is subject to any conditions imposed in a conditional use permit by the Common Council. The City has no obligation to provide access to the City sewer system for use at the site or for the operation.

Private septic system with pretreatment. The permit holder shall be responsible for obtaining approval from all applicable government agencies for all private septic systems. The permit holder shall provide a copy of such approvals to the City prior to beginning an operation.

The need for any additional utilities, including water, wastewater and electricity;

The risk of brownouts or other negative impacts of the operation on the City's Electric Utility; and

The effect on and any risks to the City's water supply, including the risk of groundwater contamination and draw down of the City's water supply.

All access points to the site shall be approved by the Common Council, and said access points shall be clearly marked as such.

Residential streets in the City shall not be an access point to the site.

Any spillage or dispersal on streets in the City of any substance must be removed within one hour of such spillage. If the permit holder fails to comply, the City may clean up any such spillage or dispersal, the cost of which shall be borne solely by the permit holder.

All access roads to the site shall be paved for the first 200 feet thereof. Thereafter, the access roads must be paved, or covered in gravel that is treated with water or dust control agents to control fugitive dust.

If the Common Council determines, based upon a transportation study conducted by a licensed engineer selected by the City or the Wisconsin Department of Transportation, that traffic related to the operation will substantially adversely impact transportation in the City and receives a recommendation to the effect, then the Common Council shall not grant a conditional use permit to the applicant.

The licensed City Engineer or Wisconsin Department of Transportation shall provide a transportation study to the Common Council and City Clerk-Treasurer at the sole expense of the applicant. The transportation study shall contain, at a minimum, an analysis of traffic and transportation relating to the operations on the following:

The permit holder may be required to rinse the tires of all vehicles leaving the site so as to reduce the amount of sand and other material leaving the site.

For the duration of each operation, the permit holder shall provide a property value guarantee to all landowners whose properties are within 1,336 feet (0.25 miles) of the site as of the date the applicant applies for a conditional use permit under this article. The property value guarantee shall include up to 40 acres of land that is contiguous with the property that is within 1,336 feet (0.25 mile) of the site.

An adjoining landowner (hereinafter "owner" in this section) desiring to sell his or her property and exercise the option provided in this property value guarantee shall notify the permit holder of his or her intent no later than the cessation of mining activity under the conditional use permit issued to the permit holder under this article.

The owner and permit holder shall agree on the appraiser who is licensed as a real estate appraiser in the State of Wisconsin. The permit holder shall pay for the appraisal.

In the event the owner and permit holder are unable to agree on an appraiser, each shall select a Wisconsin licensed appraiser, both at the expense of the permit holder, and the average of the two appraisals shall determine the fair market value.

The appraiser(s) selected pursuant to Subsection Z(3) or (4) above shall provide the owner and permit holder with an appraisal of fair market value of the property assuming the nonmetallic mine of the permit holder did not exist.

The owner shall then enter into a listing contract with duration of six months with a Wisconsin licensed real estate broker. The listing contract shall list the permit holder as a potential buyer so that if the permit holder purchases the property during the term of said contract no commission shall be due.

Before accepting any offer of less than fair market value as determined in Subsection Z(3) or (4) above, the owner shall give the permit holder 10 business days' notice by fax, mail, e-mail, or personal delivery with a copy of the offer to the permit holder. If the notice is by fax or e-mail it shall also require confirmed receipt by the permit holder. If the permit holder objects in writing within 10 business days, the owner shall not accept the offer, and the owner shall promptly give written notice of rejection of the offer to the person or entity making the offer.

If the owner sells the property for less than the fair market value as determined in Subsection Z(3) or (4) above, the permit holder shall pay the owner the difference between the selling price and the fair market value. The permit holder shall make the payment within 30 days of the recording of the conveyance of the property.

If the property is not sold within six months of the date of listing contract, the permit holder shall immediately purchase the property for the fair market value as determined in Subsection Z(3) or (4) above. At the option of the seller, with the approval of the permit holder, the listing contract may be extended for an additional six months.

The guarantee shall apply only once for property within 1,336 feet (0.25 miles) of the site and shall only be available to owners of record as of and immediately after the date of commencement of the operation.

Properties shall not qualify for the property value guarantee in the event the owner wishes to sell or otherwise convey the property to a third party by a transaction which is not considered an arm's length transaction, e.g., a sale or gift to a relative.

Hearings shall be held in a location and at a time to allow the greatest attendance and involvement from the general public. Cost of location rental and police security for the hearing shall be paid for by the applicant prior to any hearing being scheduled.

Once a public hearing has been scheduled, the chair of the hearing shall set forth the ground rules for the hearing, to include:

Applicants shall provide a complete application with 12 copies to the City Clerk-Treasurer. Additional copies shall be provided to the members of the Common Council and Plan Commission of the City two weeks prior to any of the respective body's meetings or hearings. Applications shall be distributed by the City Clerk-Treasurer, or his or her designee, to those individuals.

Each person receiving a copy of the application shall review and provide a written summary of the application. Any revisions must be made prior to the application proceeding through this review process.

The application shall receive no less than one public hearing. No hearing shall be held until the application in its entirety has been posted to the City's website and one public copy kept at City Hall for review by the general public for a period not less than 14 business days where City Hall is open for business. A certification of posting shall be completed by the City Clerk-Treasurer indicating the date, time, and location(s) available for review.

The Common Council shall call for a minimum of two hearings on the conditional use permit. The first hearing shall consist of a review of the initial application and any testimony applicable thereto. The second hearing shall review any additional information requested, review all mandatory conditions and suggested conditions, and set forth any additional conditions at the discretion of the Common Council consistent with the purpose of this article. Additional hearings may be required.

For a first violation, a forfeiture of at least $25,000, with the Zoning Administrator having the discretion to increase the forfeiture amount up to $100,000, depending upon the severity of the violation.

For a second violation, a forfeiture of at least $50,000, with the Zoning Administrator having the discretion to increase the forfeiture amount up to $250,000, depending upon the severity of the violation.

For a third violation and all subsequent violations, a forfeiture of at least $75,000, with the Zoning Administrator having the discretion to increase the forfeiture amount up to $500,000, depending upon the severity of the violation.

Actual costs of any remediation or cleanup necessary to restore the environment to the condition it was in prior to issuance of the conditional use permit.

Revocation of the conditional use permit.

Property values;

The environment;

Health and welfare of City and Trempealeau County residents;

Impact on local business, residents and landowners; and

Damage to City infrastructure, such as roads and electric, water, wastewater, storm sewer and other utilities.