The purpose of this article is to establish a local program to ensure the effective reclamation of nonmetallic mining sites on which nonmetallic mining takes place in the county after the effective date of the ordinance from which this article is derived, in compliance with Wis. Admin. Code ch. NR 135, and subchapter I of Wis. Stats. ch. 295 (Wis. Stats. § 295.11 et seq.).

(Ord. No. 317, § 1.02, 5-8-2001)

This article is adopted under authority of Wis. Stats. § 295.13(1), Wis. Admin. Code § NR 135.32, and Wis. Stats. § 59.51.

(Ord. No. 317, § 1.03, 5-8-2001)

The purpose of this article is to adopt and implement the uniform state-wide standards for nonmetallic mining reclamation required by Wis. Stats. § 295.12(1)(a) and contained in Wis. Admin. Code ch. NR 135. It is not intended that this article repeal, abrogate, annul, impair or interfere with any existing rules, regulation, ordinances or permits not concerning nonmetallic mining reclamation previously adopted pursuant to other law.

(Ord. No. 317, § 1.04, 5-8-2001)

In their interpretation and application, the provisions of this article shall be held to be the applicable requirements for nonmetallic mining reclamation and shall not be deemed a limitation or repeal of any other power granted by statute outside the reclamation requirements for nonmetallic mining sites required by subchapter I of Wis. Stats. ch. 295 (Wis. Stats. § 295.11 et seq.) and Wis. Admin. Code ch. NR 135. Where any terms or requirements of this article may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this article is required by statute, or by a standard in Wis. Admin. Code ch. NR 135, and where the provision is unclear, the provision shall be interpreted to be consistent with statute and the provisions of Wis. Admin. Code ch. NR 135.

(Ord. No. 317, § 1.05, 5-8-2001)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alternative requirements means an alternative to the reclamation standards of this article provided through a written authorization granted by the county pursuant to section 58-963(g).

Applicable reclamation ordinance means a nonmetallic mining reclamation ordinance, including this article, that applies to a particular nonmetallic mining site and complies with the requirements of Wis. Admin. Code ch. NR 135 and subchapter I of Wis. Stats. ch. 295 (Wis. Stats. § 295.11 et seq.).

Borrow site means an area outside of a transportation project site from which stone, soil, sand or gravel is excavated for use at the project site, except the term does not include commercial sources.

Contemporaneous reclamation means the sequential or progressive reclamation of portions of the nonmetallic mining site affected by mining operations that is performed in advance of final site reclamation, but which may or may not be final reclamation, performed to minimize the area exposed to erosion, at any one time, by nonmetallic mining activities.

Department means the state department of natural resources.

Environmental pollution means the same as described in Wis. Stats. § 295.11(2).

Financial assurance means a commitment of funds or resources by an operator to a regulatory authority that satisfies the requirements in section 58-963(c) and is sufficient to pay for reclamation activities required by this article.

Highwall means a vertical or nearly vertical face in solid rock or a slope of consolidated or unconsolidated material that exceeds 3:1.

Landowner means the person who has title to land in fee simple or who holds a land contract for the land. A landowner is not a person who owns nonmetallic mineral rights to land, if a different person possesses title to that land in fee simple or holds a land contract for that land.

Licensed professional geologist means a person who is licensed as a professional geologist pursuant to Wis. Stats. ch. 470.

Municipality means any city, town or village.

Nonmetallic mineral means a product, commodity or material consisting principally of naturally occurring, organic or inorganic, nonmetallic, nonrenewable material. Nonmetallic minerals include, but are not limited to, stone, sand, gravel, asbestos, beryl, diamond, feldspar, peat, talc and topsoil.

Nonmetallic mining and mining mean all of the following:

(1)

Operations or activities at a nonmetallic mining site for the extraction from the earth of mineral aggregates or nonmetallic minerals for sale or use by the operator. Nonmetallic mining includes the use of mining equipment or techniques to remove materials from the in-place nonmetallic mineral deposit, including drilling and blasting, as well as associated activities such as excavation, grading and dredging. Nonmetallic mining does not include removal from the earth of products or commodities that contain only minor or incidental amounts of nonmetallic minerals, such as commercial sod, agricultural crops, ornamental or garden plants, forest products, Christmas trees or plant nursery stock.

(2)

Processes carried out at a nonmetallic mining site that are related to the preparation or processing of the mineral aggregates or nonmetallic minerals obtained from the nonmetallic mining site. These processes include, but are not limited to, stockpiling of materials, blending mineral aggregates or nonmetallic minerals with other mineral aggregates or nonmetallic minerals, blasting, grading, crushing, screening, scalping and dewatering.

Nonmetallic mining reclamation and reclamation mean the rehabilitation of a nonmetallic mining site to achieve a land use specified in a nonmetallic mining reclamation plan approved under this article, including removal or reuse of nonmetallic mining refuse, grading of the nonmetallic mining site, removal, storage and replacement of topsoil, stabilization of soil conditions, reestablishment of vegetative cover, control of surface water and groundwater, prevention of environmental pollution, and, if practicable, the restoration of plant, fish and wildlife habitat.

Nonmetallic mining refuse means waste soil, rock and mineral, as well as other natural site material resulting from nonmetallic mining. Nonmetallic mining refuse does not include marketable byproducts resulting directly from or displaced by the nonmetallic mining that are scheduled to be removed from the nonmetallic mining site within a reasonable period of time after extraction.

Nonmetallic mining site and site mean all contiguous areas of present or proposed mining described in subsection (1) of this definition, subject to the qualifications in subsection (2) of this definition.

(1)

Nonmetallic mining site means the following:

a.

The location where nonmetallic mining is proposed or conducted.

b.

Storage and processing areas that are in or contiguous to areas excavated for nonmetallic mining.

c.

Areas where nonmetallic mining refuse is deposited.

d.

Areas affected by activities such as the construction or improvement of private roads or haulage ways for nonmetallic mining.

e.

Areas where grading or regrading is necessary.

f.

Areas where nonmetallic mining reclamation activities are carried out or structures needed for nonmetallic mining reclamation, such as topsoil stockpile areas, revegetation test plots, or channels for surface water diversion, are located.

(2)

A nonmetallic mining site does not include any of the following areas:

a.

Those portions of sites listed in subsection (1) of this definition not used for nonmetallic mining or purposes related to nonmetallic mining after August 1, 2001.

b.

Separate, previously mined areas that are not used for nonmetallic mining after August 1, 2001, and are not contiguous to mine sites, including separate areas that are connected to active mine sites by public or private roads.

c.

Areas previously mined but used after August 1, 2001, for nonmining activity such as stockpiles of materials used for an industrial process unrelated to nonmetallic mining.

Operator means any person who is engaged in, or who has applied for a permit to engage in, nonmetallic mining, whether individually, jointly or through subsidiaries, agents, employees, contractors or subcontractors.

Person means an individual, owner, operator, corporation, limited liability company, partnership, association, county, municipality, interstate agency, state agency or federal agency.

Registered professional engineer means a person who is registered as a professional engineer pursuant to Wis. Stats. §§ 443.04 and 443.09.

Regulatory authority means the county.

Replacement of topsoil means the replacement or redistribution of topsoil or topsoil substitute material to all areas where topsoil was actually removed or affected by nonmetallic mining activity for the purposes of providing adequate vegetative cover and stabilization of soil conditions needed to achieve the approved post-mining land use and as required by the reclamation plan approved pursuant to this article.

Solid waste means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Wis. Stats. ch. 283, or source material, special nuclear material or byproduct material, as defined in Wis. Stats. § 254.31(1).

Topsoil means the surface layer of soil which is generally more fertile than the underlying soil layers, which is the natural medium for plant growth and which can provide the plant growth, soil stability and other attributes necessary to meet the success standards approved in the reclamation plan.

Topsoil substitute material means soil or other unconsolidated material either used alone or mixed with other beneficial materials and which can provide the plant growth, site stability and other attributes necessary to meet the success standards approved in the reclamation plan.

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 section 58-970(c). Unreclaimed acres does not include:

(1)

Those areas where reclamation has been completed and certified as reclaimed under section 58-970(c).

(2)

Those areas previously affected by nonmetallic mining but which are not used for nonmetallic mining after August 1, 2001.

(3)

Those portions of nonmetallic mining sites which are included in a nonmetallic mining reclamation plan approved pursuant to this article but are not yet affected by nonmetallic mining.

(4)

Areas previously mined but used after August 1, 2001, for a nonmining activity, such as 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.

(5)

For purposes of fees under section 58-973, those areas within a nonmetallic mining site which the regulatory authority has determined to have been successfully reclaimed on an interim basis in accordance with section 58-970.

(6)

Those areas defined as not included in a nonmetallic mining site under subsection (2) of the definition of the term "nonmetallic mining site."

(Ord. No. 317, § 1.10, 5-8-2001; Ord. No. 343, 3-12-2002; Ord. No. 470, 3-13-2007)

Cross reference— Definitions generally, § 1-2.

(a)

Overall applicability. The requirements of this article apply to all operators of nonmetallic mining sites within the county except as exempted in subsection (b) of this section and for nonmetallic mining sites located in a city, village, or town within the county that has adopted an article pursuant to Wis. Stats. § 295.14, and Wis. Admin. Code § NR 135.32(2). This article does not apply to nonmetallic mining sites where nonmetallic mining permanently ceased before August 1, 2001. This article applies to nonmetallic mining conducted by or on behalf of the county, municipality or for the benefit or use of the state or any state agency, board, commission or department, except for the waiver of financial assurance in subsection 58-963(c)(15).

(b)

Exemptions. This article does not apply to the following activities:

(1)

Nonmetallic mining at a site or that portion of a site that is subject to permit and reclamation requirements of the state department of natural resources under Wis. Stats. §§ 30.19, 30.195 or 30.20, and complies with Wis. Admin. Code ch. NR 340.

(2)

Excavations subject to the permit and reclamation requirements of Wis. Stats. §§ 30.30 or 30.31.

(3)

Excavations or grading by a person solely for domestic or farm use at that person's residence or farm.

(4)

Excavations or grading conducted for the construction, reconstruction, maintenance or repair of a highway, railroad, airport facility, or any other transportation facility where the excavation or grading is entirely within the property boundaries of the transportation facility.

(5)

Grading conducted for preparing a construction site or restoring land following a flood or natural disaster.

(6)

Excavations for building construction purposes conducted on the building site.

(7)

Nonmetallic mining at nonmetallic mining sites where less than one acre of total affected acreage occurs over the life of the mine.

(8)

Any mining operation, the reclamation of which is required in a permit obtained under Wis. Stats. ch. 293.

(9)

Any activities required to prepare, operate or close a solid waste disposal facility under Wis. Stats. ch. 289, or a hazardous waste disposal facility under Wis. Stats. ch. 291, that are conducted on the property where the facility is located. However, an applicable nonmetallic mining reclamation ordinance and the standards established in this article apply to activities related to solid waste or hazardous waste disposal facility is located, such as activities to obtain nonmetallic minerals to be used for lining, capping, covering or constructing berms, dikes or roads.

(10)

Nonmetallic mining conducted to obtain stone, soil, sand or gravel for construction, reconstruction, maintenance or repair of a highway, railroad, airport, or any other transportation facility or part thereof, if the nonmetallic mining is subject to the requirements of the state department of transportation concerning the restoration of the nonmetallic mining site.

a.

This exemption only applies to a nonmetallic mining operation with limited purpose and duration where the state department of transportation actively imposes reclamation requirements and the operator reclaims the nonmetallic mining site in accordance with the requirements of this article. The duration of the exemption shall be specific to the length of the state department of transportation contract for construction of a specific transportation project.

b.

If a nonmetallic mining site covered under subsection (b)(10)a of this section is used to concurrently supply materials for projects unrelated to the state department of transportation project, the exemption in this subsection (b) still applies, provided that the site is fully reclaimed under state department of transportation contract and supervision.

(c)

Dredging. Dredging shall be permitted for navigational purposes, to construct or maintain farm drainage ditches, for the remediation of environmental contamination, and the disposal of spoils from these activities.

(Ord. No. 317, § 1.07(1), (2), (14), 5-8-2001; Ord. No. 470, 3-13-2007)

Any person who fails to comply with the provision of this article or any order of the administrator, zoning committee, board of adjustment or county board issued in accordance with this article or resists enforcement shall, upon conviction, forfeit not less than $25.00 nor more than $1,000.00 per offense, and the costs or prosecution for each violation and in default of such payment shall be imprisoned in the county jail for a period not to exceed six months. Each day a violation exists or continues shall constitute a separate offense.

(Ord. No. 317, § 5.03, 5-8-2001)

(a)

Right of entry and inspection. For the purpose of ascertaining compliance with the provisions of this article, any authorized officer, agent, employee or representative of the county or the department, upon presentation of appropriate credentials, may inspect any nonmetallic mining site subject to this article. No person may refuse entry or access to a nonmetallic site to such officer, agent, employee or representative.

(b)

Orders and citations.

(1)

Orders. The administrator or duly authorized representative may do any of the following to enforce the provisions of this article:

a.

Issue an order requiring the operator of a nonmetallic mining site, subject to this article, to comply with the provisions of or cease violations of the requirements of this article.

b.

Issue an order suspending or revoking a nonmetallic mining reclamation permit.

c.

Issue an order directing the operator of a nonmetallic mining site to cease an activity regulated under this article until the necessary plan approval is obtained; or

d.

Submit an order to abate violations of this article to the district attorney, corporation counsel, municipal attorney or attorney general for enforcement. The district attorney, corporation counsel, municipal attorney or attorney general may enforce these orders.

(2)

Review of orders. A person holding a reclamation permit, who is subject to an order pursuant to subsection (b)(1) of this section shall have the right to have the order reviewed by the county board of adjustment pursuant to the procedures set forth in division 4, article II of this chapter.

(Ord. No. 317, § 5.02, 5-8-2001)

(a)

Permit required. No person may engage in nonmetallic mining or in nonmetallic mining reclamation without possessing a nonmetallic mining reclamation permit issued pursuant to this article unless the activity is specifically exempted in section(s) 58-935 and 58-936.

(1)

Required submittal. All operators of nonmetallic mining sites shall apply for a reclamation permit from the county. All applications for reclamation permits under this section shall be accompanied by the following information:

a.

A brief description of the general location and nature of the nonmetallic mine.

b.

Legal description of the property on which the nonmetallic mine is located or proposed, including the parcel identification number.

c.

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.

d.

The name, address and telephone number of the person or organization who is the operator.

e.

A certification by the operator of his intent to comply with the statewide nonmetallic mining reclamation standards established by division 3 of this article.

(2)

Reclamation permit application contents. The operator of any nonmetallic mine site shall submit an application that meets the requirements specified below to the county zoning office prior to beginning operations.

a.

The information required by subsection (a)(1) of this section.

b.

The plan review and annual fees required by sections 58-972 and 58-973.

c.

A reclamation plan conforming to subsection (b) of this section.

d.

A certification that the operator will provide, as a condition of the reclamation permit, financial assurance as required by subsection (c) of this section upon granting of the reclamation permit and before mining begins.

e.

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 article.

(b)

Reclamation plan requirements. All operators of nonmetallic mining sites subject to this article shall prepare and submit a reclamation plan that meets the following requirements:

(1)

Plan required. An operator who conducts or plans to conduct nonmetallic mining shall submit to the county a reclamation plan that meets the requirements of this section and complies with the standards of division 3 of this article.

(2)

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:

a.

Maps of the nonmetallic mining site including the general location, property boundaries, the extent of the area to be mined, geologic composition and depth of the nonmetallic mineral deposit, the distribution, thickness and type of topsoil, 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.

b.

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.

c.

Information available to the mine operator on biological resources, plant communities, and wildlife use at and adjacent to the proposed or operating mine site.

d.

Existing topography as shown on contour maps of the site at four-foot contour intervals.

e.

Location of manmade features on or near the site.

f.

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.

(3)

Post-mining land use.

a.

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.

b.

Land used for nonmetallic mining in areas zoned under an exclusive agricultural use ordinance pursuant to Wis. Stats. § 91.75 shall be restored to agricultural use.

(4)

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:

a.

A description of the proposed earthwork and reclamation, including final slope angles, high wall 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 subsections 58-1006(a) or (b).

b.

The methods of topsoil or topsoil substitute material removal, storage, stabilization and conservation that will be used during reclamation.

c.

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.

d.

A plan or map which shows surface structures, roads and related facilities after the cessation of mining.

e.

The estimated cost of reclamation for each stage of the project or the entire site if reclamation staging is not planned.

f.

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.

g.

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 of vegetative cover, productivity, plant density, diversity or other applicable measures.

h.

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.

i.

A description of any areas which will be reclaimed on an interim basis sufficient to qualify for the waiver of fees pursuant to subsections 58-970(b) and (e) 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 division 3 of this article and timing of interim and final reclamation.

j.

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.

(5)

Criteria for ensuring successful reclamation. The reclamation plan shall contain criteria for ensuring successful reclamation in accordance with section 58-1009.

(6)

Certification of reclamation plan.

a.

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, if different from the operator, shall also provide signed certification that he concurs with the reclamation plan and will allow its implementation.

(7)

Existing plans and approvals. To avoid duplication of effort, the reclamation plan required by this subsection (b) may, by reference, incorporate existing plans or materials that meet the requirements of this article.

(8)

Approval of reclamation plan. The county shall approve, conditionally approve or deny the reclamation plan submitted under this section in writing in accordance with subsection (e)(3)d herein for mines that apply for a reclamation permit in conformance with subsection (a)(3) herein. Conditional approvals of reclamation plans shall be made according to subsection (e)(7) and denials of reclamation plans shall be made pursuant to subsection (f) of this section. The operator shall keep a copy of the reclamation plan approved under this subsection at the mine site, or if not practicable, at the operators nearest place of business.

(c)

Financial assurance. All operators of nonmetallic mining sites in the 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 (c)(3) of this section.

(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 the county. The financial assurance shall provide that the operator shall faithfully perform all requirements in this article and the reclamation plan. Financial assurance shall be payable exclusively to the county. In cases where one or more other regulatory authorities regulate a nonmetallic mining site, all financial assurance shall be made payable to the 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 the 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 the county to ensure it equals outstanding reclamation costs. Any financial assurance filed with the 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 the 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, certificate of deposits, irrevocable letters of credit, irrevocable trusts, established escrow accounts or government securities. Any interest earned on 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 the county, a blend of different options for financial assurance including a lien on the property on which the nonmetallic mining sites occur or a combination of financial assurance methods.

(5)

Multiple projects. Any operator who obtains a permit from the 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 the 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 operator 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 determines that reclamation of any portion of the mining site or the entire site is complete. The county 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. The 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, the 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.

The county shall make a determination of whether or not the certification in subsection (c)(7)a of this section can be made within 60 days that the request is received.

c.

The county may make a determination under this subsection 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.

4.

Reclamation is fully complete.

(8)

Forfeiture. The financial assurance shall be forfeited if any of the following occur:

a.

A permit is revoked under section 58-965 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. The financial assurance shall provide that it may not be canceled by the surety or other holder or issuer except after not less than a 90-day notice to the county, in writing, by registered or certified mail. Not less than 30 days prior to the expiration of the 90-day notice of cancellation, the operator shall deliver to the 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 (c)(12) of this section. The operator shall give the county at least 60 days' notice prior to changing methods of financial assurance and may not actually change methods without the written approval of the 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 USC et seq., naming the operator as debtor, within ten days of commencement of the proceeding.

(12)

Adjustment of financial assurance. The financial assurance may be adjusted when required by the county. The county may notify the operator in writing that adjustment is necessary and the reasons for it. The county may adjust the financial assurance based upon prevailing or projected interest or inflation rates, or the latest cost estimates for reclamation.

(13)

Private nonmetallic mines. The operator of any nonmetallic mining site that applies for a reclamation permit in conformance with subsection (a)(3) herein shall submit the proof of financial assurance required by subsection (c), as specified in the reclamation permit issued to it under this article.

(14)

Public nonmetallic mining. The financial assurance requirements of this section do not apply to nonmetallic mining conducted by the state, state agency, board, commission or department, or a municipality.

(d)

Public notice and right of hearing.

(1)

Reclamation plan hearing. In addition to complying with all the applicable sections of this chapter governing the establishment of nonmetallic mine operations, where applicable, the county zoning office shall, provide public notice and the opportunity for a public hearing as set forth as follows:

a.

Public notice.

1.

When the county zoning office receives an application to issue a reclamation permit, it shall publish a public notice of the application no later than 45 days after receipt of a complete application that satisfies subsection (a)(3).

2.

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 Wis. Stats. § 985.07(2), in the official newspaper of the 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.

3.

Copies of the notice shall be forwarded by the county zoning office to the East Central Wisconsin Regional Planning Commission, the county land conservation department, the clerks of applicable municipalities and the department.

b.

Hearing. The county planning and zoning committee shall provide for an opportunity for a public hearing on an application or request to issue a nonmetallic mining reclamation permit as follows:

1.

If it conducts a zoning related hearing on the nonmetallic mine site, the county planning and zoning committee shall provide the opportunity at that hearing to present testimony on reclamation related matters. That opportunity shall fulfill the requirement for public hearing for a nonmetallic mining reclamation permit required by this section. The county planning and zoning committee shall consider the reclamation related testimony furnished or provided in the zoning related hearing in deciding on a permit application pursuant to this article.

2.

If there is no opportunity for a zoning related hearing on a nonmetallic mine site as described in subsection 1. above, opportunity for a public hearing will 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. The county shall hold a public hearing if requested by any of these persons within 30 days of the actual date of public notice under section subsection (d)(1)a. above. The public hearing shall be held no later than 60 days after being requested in writing. 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. The fees for conducting such public hearing shall be the same as those required for a conditional use permit, as set forth in division 7, article II of this chapter. The subject matter and testimony at this public hearing shall be limited to reclamation of the nonmetallic mine.

(3)

Local transportation related mines. No public notice or public hearing is required for a nonmetallic mining reclamation permit issued to a local transportation related mine pursuant to subsection (e)(5) herein.

(e)

Issuance of permit.

(1)

Permit required. No person may engage in nonmetallic mining or nonmetallic mining reclamation without a reclamation permit issued pursuant to this article, except for nonmetallic mining sites that are exempt from this article under section 58-936 or 53-935, Nonmetallic mining site definition (2).

(2)

Permit issuance. Applications for reclamation permits for nonmetallic mining sites that satisfy subsection (a)(3) shall be issued a reclamation permit or otherwise acted on as provided in the following:

a.

Unless denied pursuant to subsection (f) of this section, the county shall approve in writing a request that satisfies the requirements of subsection (a)(3) to issue a nonmetallic mining reclamation permit for the proposed nonmetallic mine.

b.

The county may not issue an approval without prior or concurrent approval of the reclamation plan that meets the requirements of subsection (b) of this section. The regulatory authority may issue a reclamation permit subject to conditions in subsection (e)(7), if appropriate. The permit decision shall be made no sooner than 30 days and not 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 subsection (d) of this section. If a public hearing is held, the regulatory authority shall issue the reclamation permit, subject to conditions pursuant to subsection (e)(7), if appropriate, or shall deny the permit as provided in subsection (f), no later than 60 days after completing the public hearing.

c.

Permits issued pursuant to this subsection shall require compliance with a reclamation plan that has been approved and satisfies the requirements of subsection (b) herein and provision by the applicant of financial assurance required under subsection (c) and payable to the county prior to beginning mining.

(3)

Automatic permit for local transportation related mines.

a.

The county shall automatically issue an expedited permit under this subsection to any borrow site that:

1.

Will be opened and reclaimed under contract with a municipality within a period not to exceed 36 months;

2.

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;

3.

Is regulated and will be reclaimed under contract with the municipality in accordance with the requirements of the state department of transportation concerning the restoration of nonmetallic mining sites;

4.

Is not a commercial source;

5.

Will be constructed, operated and reclaimed in accordance with applicable zoning requirements, if any; and

6.

Is not otherwise exempt from the requirements of this article under section 58-936(b).

b.

In this subsection, the term "municipality" has the meaning defined in Wis. Stats. § 299.01(8).

c.

Automatic permits shall be issued under this subsection in accordance with the following provisions:

1.

The applicant shall notify the county of the terms and conditions of the contract with respect to reclamation of the proposed site.

2.

The applicant shall provide evidence to the county to show that the borrow site and its reclamation will comply with applicable zoning requirements, if any.

3.

The county shall accept the contractual provisions incorporating requirements of the state department of transportation in lieu of a reclamation plan under subsection (b) of this section.

4.

The county shall accept the contractual provisions in lieu of the financial assurance requirements in subsection (c) of this section.

5.

The public notice and hearing provisions of subsection (d) of this section do not apply to nonmetallic mining sites that are issued automatic permits under this subsection.

6.

Mines permitted under this subsection shall be exempt from the annual fees collected by the county as provided in section 58-973, except that the department's share of the annual fee shall not be waived. In addition, mines permitted under this subsection shall not be subject to the plan review fee provided in section 58-972.

7.

The county shall issue the automatic permit within seven working days of the receipt of the complete application.

8.

If the borrow site is used concurrently to 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 state department of transportation requirements.

9.

Notwithstanding section 58-966, 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.

(4)

Expedited review. Any operator of a nonmetallic mining site may request expedited review of a reclamation permit under subsection (e)(6)a. or b. herein as follows:

a.

The operator may submit a request for expedited permit review with payment of the expedited review fee specified in subsection 58-972(b). This request shall state the need for such expedited review and the date by which such expedited review is requested.

b.

The operator may submit a request for expedited review under this subsection if the applicant requires a reclamation permit to perform services under contract with a municipality. This request for expedited review 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.

c.

Following receipt of a request under this subsection, the 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 review, the fee paid under subsection (e)(6)a. shall be returned.

d.

Expedited review under this subsection shall not waive, shorten or otherwise affect the public notice and right of hearing pursuant to subsection (d) of this section. This subsection does not impose an obligation upon the regulatory authority to act upon a permit application under this subsection by a specific date.

(5)

Permit conditions.

a.

The county may issue a reclamation permit or approve a reclamation plan subject to general or site specific conditions if needed to ensure compliance with the nonmetallic mining reclamation requirements of this article.

b.

One required condition of the issued permit shall be that the new mine obtain financial assurance pursuant to subsection (c) of this section prior to beginning mining.

(f)

Permit denial. An application for a nonmetallic mining reclamation permit shall be denied as set forth in the following:

(1)

An application to issue a nonmetallic mining reclamation permit shall be denied, within the timeframe for permit issuance specified in subsection (e) of this section, if the county finds any of the following:

a.

The applicant has, after being given an opportunity to make corrections, failed to provide to the county an adequate permit application, reclamation plan, financial assurance or any other submittal required by Wis. Admin. Code ch. NR 135 or this article.

b.

The proposed nonmetallic mining site cannot be reclaimed in compliance with the reclamation standards contained in this article, Wis. Admin. Code ch. NR 135, or subchapter I of Wis. Stats. ch. 295 (Wis. Stats. § 295.11 et seq.).

c.

The applicant, or its agent, principal or predecessor has, during the course of nonmetallic mining in the state within ten years of the permit application or modification request being considered, shown a pattern of serious violations of this article or of federal, state or local environmental laws related to nonmetallic mining reclamation. 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 article, other reclamation ordinances or Wis. Admin. Code ch. NR 135.

3.

Forfeitures of financial assurance.

4.

A denial under this subsection shall be in writing and shall contain documentation of reasons for denial.

(2)

A decision to deny an application to issue a reclamation permit may be reviewed under subsection (k) of this section.

(g)

Alternative requirements.

(1)

Scope of alternative requirements approvable. An operator of a nonmetallic mining site may request an alternative requirement to the reclamation standards established in division 3 of this article. The county may approve an alternative requirement to the reclamation standards established in this article if the operator demonstrates and the county finds that all of the following criteria are met:

a.

The nonmetallic mining site, the surrounding property or the mining plan or reclamation plan has a unique characteristic which requires an alternative requirement.

b.

Unnecessary hardship which is peculiar to the nonmetallic mining site or plan will result unless the alternative requirement is approved.

c.

Reclamation in accordance with the proposed alternative requirement will achieve the planned post-mining land use and longterm site stability in a manner that will not cause environmental pollution or threaten public health, safety or welfare.

(2)

Procedures.

a.

In addition to the provisions required pursuant to subsection (d) of this section regarding public notice and right of hearing for traditional reclamation permits, an operator of a nonmetallic mining site requesting an alternate requirement in subsection (g)(1) of this section shall demonstrate all the criteria in subsection (g)(1) of this section. This shall be submitted in writing to the county planning and zoning committee.

b.

A request for an alternative requirement may be incorporated as part of an application to issue or modify a nonmetallic mining reclamation permit.

(3)

Transmittal of decision on request for alternative 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.

(4)

Notice to department. The county shall provide notice to the department as set forth in this subsection. Written notice shall be given to the department at least ten days prior to any public hearing held under subsection (g)(2) of this section on a request for an alternate requirement under this section. A copy of any written decision on alternative requirements shall be submitted to the department within ten days of issuance.

(h)

Permit duration.

(1)

A nonmetallic mining reclamation permit issued under this article shall last through operation and reclamation of the nonmetallic mining site, unless suspended or revoked pursuant to section 58-962(b).

(2)

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 subsection (i) of this section.

(i)

Permit transfer. A nonmetallic mining reclamation permit issued under this article shall be transferred to a new owner or operator upon satisfaction of the following conditions:

(1)

Proof of financial assurance and a certification in writing by the new permit holder that all conditions of the permit will be complied with.

(2)

The transfer is not valid until financial assurance has been submitted by the new operator and accepted by the county, and the 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.

(j)

Previously permitted sites. For any nonmetallic mining site which had a reclamation permit previously issued by another regulatory authority pursuant to Wis. Admin. Code ch. NR 135 that becomes subject to reclamation permitting authority of the county, the terms and conditions of the previously issued municipal reclamation permit shall remain in force until modified by the county pursuant to section 58-964.

(k)

Review.Any permitting decision or action made by the administrator or the county planning and zoning committee under this article may be reviewed by the county board of adjustment through the appeal procedures as described in division 4, article II of this chapter.

(Ord. No. 317, §§ 3.01—3.11, 5-8-2001; Ord. No. 470, 3-13-2007)

(a)

By the county. A nonmetallic mining reclamation permit issued under this article may be modified by the county if it finds that, due to changing conditions, the nonmetallic mining site is no longer in compliance with Wis. Admin. Code ch. NR 135, or this article. Such modification shall be by an order modifying the permit in accordance with section 58-962(b). 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 Wis. Admin. Code ch. NR 135 or this article.

(b)

At the operator's option. If the operator of any nonmetallic mine that holds a reclamation permit issued under this article desires to modify such permit or reclamation plan approved under this article, such modification may be made by submitting a written application for such modification to the county zoning office. The application for permit or plan modification shall be acted on using the standards and procedures of this article.

(c)

Required by the operator. The operator of any nonmetallic mine that holds a reclamation permit issued under this article 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 article. Such application for permit modification shall be acted on using the standards and procedures of this article.

(d)

Review. All actions by the county on permit modifications requested or initiated under this section are subject to review under section 58-963(k).

(Ord. No. 317, §§ 4.01—4.04, 5-8-2001)

(a)

Grounds. The regulatory authority may suspend or revoke a nonmetallic mining reclamation permit issued pursuant to this article if it finds the operator has done any of the following:

(1)

Failed to submit a satisfactory reclamation plan within the timeframes specified in this article.

(2)

Failed to submit or maintain financial assurance as required by this article.

(3)

Failed on a repetitive and significant basis to follow the approved reclamation plan.

(b)

Procedures. If the regulatory authority finds grounds for suspending or revoking a nonmetallic mining reclamation permit set forth in subsection (a) of this section, it may issue a special order suspending or revoking such permit as set forth in section 58-962(b).

(c)

Consequences.

(1)

If the regulatory authority makes any of the findings in subsection (a) of this section, 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 environment as ordered by the regulatory authority pursuant to section 58-962(b).

(2)

If the regulatory authority makes any of the findings in subsection (a) of this section, it may revoke a nonmetallic mining reclamation permit. Upon permit revocation, the operator shall forfeit the financial assurance it has provided pursuant to this article to the regulatory authority. The regulatory authority may use forfeited financial assurance to reclaim the site to the extent needed to comply with this article.

(Ord. No. 317, § 4.05, 5-8-2001)

Annual reports that satisfy the requirements of this section shall be submitted by the operators of nonmetallic mining sites on forms furnished by the county.

(1)

Content. The annual report required by this section shall include all of the following:

a.

The name and mailing address of the operator.

b.

The location of the nonmetallic mining site, including the legal description, tax key number or parcel identification number, if available.

c.

The identification number of the applicable nonmetallic mining permit, if assigned by the county.

d.

The acreage currently affected by nonmetallic mining extraction and not yet reclaimed.

e.

The amount of acreage that has been reclaimed to date, on a permanent basis and the amount reclaimed on an interim basis.

f.

A plan, map or diagram accurately showing the acreage described in subsection (1)d and e of this section.

g.

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 Wis. Admin. Code ch. NR 135."

(2)

Deadline. The annual report shall cover activities on unreclaimed acreage for the previous calendar year and be submitted by January 31.

(3)

When reporting may end. Annual reports shall be submitted by an operator for all active and intermittent mining sites to the county for each calendar year until nonmetallic mining reclamation at the site is certified as complete pursuant to section 58-970(c) or at the time of release of financial assurance pursuant to section 58-963(c)(7).

(Ord. No. 317, § 4.06, 5-8-2001; Ord. No. 470, 3-13-2007)

The county may, at its discretion, obtain the information required in section 58-966 for a calendar year by written documentation of an inspection it completes during a calendar year, as set forth in this section. If the county obtains and documents the required information, the annual report need not be submitted by the operator. If the county determines that the operator need not submit an annual report pursuant to this section, it shall advise the operator in writing at least 30 days before the end of the applicable calendar year. In that case, the county shall require the operator to submit the certification required in section 58-966(1)g.

(Ord. No. 317, § 4.07, 5-8-2001)

Annual reports submitted under section 58-966 or inspection records that replace them under section 58-967 shall be retained by the county at the zoning office for at least ten years after the calendar year to which they apply. These records, or complete and accurate copies of them, shall be made available to the department upon written request or during its inspection or audit activities carried out pursuant to Wis. Admin. Code ch. NR 135.

(Ord. No. 317, § 4.08, 5-8-2001)

(a)

Reporting. The county shall send an annual report to the department by March 31 of each calendar year. The reports shall include the following information for the previous year's nonmetallic mining reclamation program:

(1)

The total number of nonmetallic mining reclamation permits in effect.

(2)

The number of new permits issued within the jurisdiction of the county.

(3)

The number of acres approved for nonmetallic mining and the number of acres newly approved in the previous year.

(4)

The number of acres being mined.

(5)

The number of acres that have been reclaimed and have had financial assurance released pursuant to section 58-963(c)(7).

(6)

The number of acres that are reclaimed and awaiting release from the financial assurance requirements of this article pursuant to section 58-970(a) and (b).

(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.

(b)

Documentation. The county shall, to the best of its ability, maintain the information set forth in this subsection (b), and make it available to the department for that agency's audit of the county's reclamation program pursuant to Wis. Admin. Code ch. NR 135:

(1)

Documentation of compliance with Wis. Admin. Code ch. NR 135 and this article.

(2)

The procedures employed by the county regarding reclamation plan review, and the issuance and modification of permits.

(3)

The methods for review of annual reports received from operators.

(4)

The method and effectiveness of fee collection.

(5)

Procedures to accurately forward the department's portion of collected fees in a timely fashion.

(6)

Methods for conducting on-site compliance inspections and attendant reports, records and enforcement actions.

(7)

Responses to citizen complaints.

(8)

The method of and accuracy in determining the amount of the financial assurance obtained from the operator to guarantee reclamation performance.

(9)

The maintenance and availability of records.

(10)

The number and type of approvals for alternative requirements issued pursuant to section 58-963(g).

(11)

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 section 58-963(c)(7).

(12)

Any changes in local regulations, ordinances, funding and staffing mechanisms or any other factor which might affect the ability of the county to implement its nonmetallic mining reclamation program under this article.

(13)

The amount of fees collected in comparison to the amount of money actually expended for nonmetallic mining reclamation program administration.

(14)

Any other performance criterion necessary to ascertain compliance with Wis. Admin. Code ch. NR 135.

(Ord. No. 317, § 4.11, 5-8-2001)

(a)

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 article and Wis. Admin. Code ch. NR 135 to the county zoning office.

(b)

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 article and Wis. Admin. Code ch. NR 135. Reporting of interim reclamation shall be done according to the procedures in subsection (a) of this section.

(c)

Certification of completed reclamation. The 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 subsection 58-963(c)(7). If it is determined that interim or final reclamation is complete, including revegetation as specified in a reclamation plan that conforms with subsection 58-963(b), the county shall issue the mine operator a written certificate of completion.

(d)

Effect of completed reclamation. If reclamation is certified by the county as complete under subsection (c) of this section for part or all of a nonmetallic mining site, then:

(1)

No fee shall be assessed under section 58-973 for the area so certified.

(2)

The financial assurance required by subsection 58-963(c) shall be released or appropriately reduced in the case of completion of reclamation for a portion of the mining site.

(e)

Effect of inaction following report of completed reclamation. If no written response as required by subsection (d) of this section for an area of the mine site reported as reclaimed or interim reclaimed is given within 60 days of receiving such request, any annual fee paid to the county for it under section 58-973 shall be refunded.

(Ord. No. 317, § 4.12, 5-8-2001; Ord. No. 470, 3-13-2007)

When all final reclamation required by a reclamation plan conforming to subsection 58-963(b) and required by this article is certified as complete pursuant to subsections 58-963(c)(7) and 58-970(d), the county shall issue a written statement to the operator of the nonmetallic mining site, thereby terminating the reclamation permit.

(Ord. No. 317, § 4.13, 5-8-2001)

(a)

Amount and applicability. A person who intends to operate a nonmetallic mining site for which a permit application has been submitted under subsection 58-963(a)(3) shall submit a nonrefundable plan review fee, on file in the zoning office, to the county zoning office. No plan review fee may be assessed under this section for any local transportation related mining receiving an automatic permit under subsection 58-963(e)(5). A separate plan review fee shall be paid under this section for any modification to an existing reclamation plan submitted pursuant to the provisions of this division.

(b)

Expedited plan review fee. A person who intends to operate a nonmetallic mining site for which a permit application has been submitted under subsection 58-963(a)(3) may obtain expedited reclamation plan review by paying a fee double the amount described in subsection (a) of this section.

(c)

Relation to annual fee. Any reclamation plan review fee or expedited reclamation plan review fee collected under this section shall be added to and collected as part of the first annual fee collected under section 58-973.

(Ord. No. 317, § 4.09, 5-8-2001; Ord. No. 470, 3-13-2007)

(a)

Areas subject to fees, procedures, deadline and amount.

(1)

Operators of all nonmetallic mining sites subject to reclamation permits issued under this article shall pay annual fees to the county zoning office.

(2)

Fees assessed under this section shall be calculated based on the unreclaimed acres of a nonmetallic mining site.

(3)

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 section 58-970. Fees shall be paid no later than January 31 for the previous year. Fees that are received in the land conservation and zoning office after February 1 of each calendar year shall be charged double the annual fee as a late penalty. Whenever the applicable fees are not paid by March 31st of the calendar year, the original application shall be referred to the planning and zoning committee for consideration of further action, up to and including, revocation of the conditional use permit and/or reclamation plan, and immediate closure of the operation. Any and all bonds shall be forfeited at if the permit and reclamation plan are rescinded to restore the site to reclamation plan specifications.

(4)

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.

(5)

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 the county pending certification of complete reclamation pursuant to subsection 58-963(c)(7). Upon such certification the county shall refund that portion of the annual fee that applies to the reclaimed areas. If the county fails to make a determination under subsection 58-963(c)(7) within 60 days of the request, it shall refund that portion of the annual fee that applies to the reclaimed areas.

(b)

Department's share of fee.

(1)

Fees paid under this section shall be in accordance with Wis. Admin. Code § NR 135.39(3) and are on file at the zoning office.

(2)

The county shall forward fees collected under this subsection to the department by March 31 of the year for which they were collected.

(c)

Fee collected by the county. Fees under this section shall include an annual fee due to the county which shall be on file at the zoning office and paid to the county zoning office.

(Ord. No. 317, § 4.10, 5-8-2001; Ord. No. 470, 3-13-2007; Ord. No. 554, 3-19-2013)

All nonmetallic mining sites subject to this article shall be reclaimed in conformance with the standards contained in this division.

(Ord. No. 317, § 2.00, 5-8-2001)

The general standards for reclamation of nonmetallic mining sites are as follows:

(1)

Refuse and other solid wastes. Nonmetallic mining refuse shall be reused in accordance with a reclamation plan. Other solid wastes shall be disposed of in accordance with applicable rules of the department adopted pursuant to Wis. Stats. chs. 289 and 291.

(2)

Area disturbed and contemporaneous reclamation. Nonmetallic mining reclamation shall be conducted, to the extent practicable, to minimize the area disturbed by nonmetallic mining and to provide for nonmetallic mining reclamation of portions of the nonmetallic mining site while nonmetallic mining continues on other portions of the nonmetallic mining site.

(3)

Public health, safety and welfare. All nonmetallic mining sites shall be reclaimed in a manner to comply with federal, state and local regulations governing public health, safety and welfare.

(4)

Habitat restoration. When the land use required by the reclamation plan approved pursuant to this article requires plant, fish or wildlife habitat, it shall be restored, to the extent practicable, to a condition at least as suitable as that which existed before the lands were affected by nonmetallic mining operations.

(5)

Compliance with environmental regulations. Reclamation of nonmetallic mining sites shall comply with all other applicable federal, state and local laws including those related to environmental protection, zoning, and land use control.

(Ord. No. 317, § 2.01, 5-8-2001)

Nonmetallic mining reclamation shall be conducted and completed in a manner that ensures compliance with the department's water quality standards for surface waters and wetlands contained in Wis. Admin. Code chs. NR 102 to 105. Before disturbing the surface of a nonmetallic mining site and removing topsoil, all necessary measures for diversion and drainage of runoff from the site to prevent pollution of waters of the state shall be installed in accordance with the reclamation plans approved pursuant to this article. Diverted or channelized runoff resulting from reclamation may not adversely affect neighboring properties.

(Ord. No. 317, § 2.02, 5-8-2001)

(a)

Groundwater quantity. A nonmetallic mining site shall be reclaimed in a manner that does not cause a permanent lowering of the water table that results in adverse effects on surface waters or a significant reduction in the quantity of groundwater reasonably available for future users of groundwater.

(b)

Groundwater quality. Nonmetallic mining reclamation shall be conducted in a manner which does not cause groundwater quality standards in Wis. Admin. Code ch. NR 140 to be exceeded to a point of standards application defined in that chapter.

(Ord. No. 317, § 2.03, 5-8-2001)

(a)

Removal. Topsoil and topsoil substitute material shall be provided as specified in the reclamation plan approved pursuant to this article in order to achieve reclamation to the approved post-mining land use. Removal of on-site topsoil and topsoil substitute material removal, when specified in the reclamation plan, shall be performed as required by the reclamation plan, prior to any mining activity associated with any specific phase of the mining operation.

(b)

Volume. The operator shall obtain the volume of soil required to perform final reclamation by removal of on-site topsoil or topsoil substitute material or by obtaining topsoil or substitute material as needed to make up the volume of topsoil as specified in the reclamation plan approved pursuant to this article.

(c)

Storage. Once removed, topsoil or topsoil substitute material shall, as required by the reclamation plan approved pursuant to this article, either be used in contemporaneous reclamation or stored in an environmentally acceptable manner. The location of stockpiled topsoil or topsoil substitute material shall be chosen to protect the material from erosion or further disturbance or contamination. Runoff water shall be diverted around all locations in which topsoil or topsoil substitute material is stockpiled.

(Ord. No. 317, § 2.04, 5-8-2001; Ord. No. 470, 3-13-2007)

(a)

All areas affected by mining shall be addressed in the reclamation plan approved pursuant to this article to provide that a stable and safe condition consistent with the post-mining land use is achieved. The reclamation plan may designate highwalls or other unmined and undisturbed natural solid bedrock as stable and safe and not in need of reclamation or designate other areas affected by mining including slopes comprised of unconsolidated materials that exceed a 3:1 slope, whether or not graded, as stable and safe. For slopes designated as stable under this subsection, the regulatory authority may require that either: a site-specific engineering analysis be performed by a registered professional engineer to demonstrate that an acceptable slope stability factor is attainable at a steeper slope, or the operator perform a field test plot demonstration to demonstrate that a stable and safe condition will be achieved and that the post-mining land use specified in the reclamation plan will not be adversely affected.

(b)

Final reclaimed slopes covered by topsoil or topsoil substitute material may not be steeper than 3:1 horizontal to vertical incline, unless found acceptable through one or more of the following: alternative requirements are approved under subsections 58-963(g)(1) through (4); steeper slopes are shown to be stable through a field plot demonstration approved as part of an approved reclamation plan; or stable slopes can be demonstrated based on site-specific engineering analysis performed by a registered professional engineer. All areas in the nonmetallic mine site where topsoil or topsoil substitute material is to be reapplied shall be graded or otherwise prepared prior to topsoil or topsoil substitute material redistribution to provide the optimum adherence between the topsoil or topsoil substitute material and the underlying material.

(c)

When the approved post-mining land use includes a body of water, the approved final grade at the edge of a body of water shall extend vertically six feet below the lowest seasonal water level. A slope no steeper than 3:1 shall be created at a designated location or locations, depending on the size of the waterbody to allow for a safe exit.

(Ord. No. 317, §§ 2.04(2), 2.05, 5-8-2001; Ord. No. 470, 3-13-2007; Ord. No. 610, 4-18-2017)

Topsoil or topsoil substitute material shall be redistributed in accordance with the reclamation plan approved pursuant to this article in a manner which minimizes compaction and prevents erosion. Topsoil or topsoil substitute material shall be uniformly redistributed except where uniform redistribution is undesirable or impractical. Topsoil or topsoil substitute material redistribution may not be performed during or immediately after a precipitation event until the soils have sufficiently dried.

(Ord. No. 317, § 2.06, 5-8-2001)

Except for permanent roads or similar surfaces identified in the reclamation plan approved pursuant to this article, all surfaces affected by nonmetallic mining shall be reclaimed and stabilized by vegetation or other means. Revegetation and site stabilization shall be in accordance with the approved reclamation plan and shall be performed as soon as practicable after mining activity has permanently ceased in any part of the mine site.

(Ord. No. 317, § 2.07, 5-8-2001)

(a)

The criteria for assessing when reclamation is complete and, therefore, when the financial assurance may be released shall be specified in the reclamation plan approved pursuant to this article. Criteria to evaluate reclamation success shall be quantifiable.

(b)

Compliance with the revegetation success standards in the approved reclamation plan shall be determined by:

(1)

On-site inspections by the regulatory authority or its agent;

(2)

Reports presenting results obtained during reclamation evaluations including summarized data on revegetation, photo documentation or other evidence that the criteria approved in the reclamation plan to ascertain success have been met; or

(3)

A combination of inspections and reports.>

(c)

In those cases where the post-mining land use specified in the reclamation plan requires a return of the mining site to a pre-mining condition, the operator shall obtain baseline data on the existing plant community for use in the evaluation of reclamation success pursuant to this section.

(d)

Revegetation success may be determined by:

(1)

Comparison to an appropriate reference area;

(2)

Comparison to baseline data acquired at the mining site prior to its being affected by mining; or

(3)

Comparison to an approved alternate technical standard.

(e)

Revegetation using a variety of plants indigenous to the area is favored.

(Ord. No. 317, § 2.08, 5-8-2001)

Intermittent mining may be conducted, provided that the possibility of intermittent cessation of operations is addressed in an operator's reclamation permit, no environmental pollution or erosion of sediments is occurring, and financial assurance for reclamation pursuant to section 58-963(c) is maintained covering all remaining portions of the site that have been affected by nonmetallic mining and that have not been reclaimed.

(Ord. No. 317, § 2.09, 5-8-2001)

During the period of the site reclamation, after the operator has stated that reclamation is complete but prior to release of financial assurance, the operator shall perform any maintenance necessary to prevent erosion, sedimentation or environmental pollution, to comply with the standards of this article, or to meet the goals specified in the reclamation plan approved pursuant to this article.

(Ord. No. 317, § 2.10, 5-8-2001)