Reedsburg City Zoning Code
ARTICLE XXVII
Nonmetallic Mining
§ 690-153 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Operations or activities for the extraction from the earth, for sale or use by the operator of mineral aggregates or nonmetallic minerals such as stone, sand, gravel, asbestos, beryl, clay, feldspar, peat, talc, and topsoil, including such operations or activities as excavation, grading, and dredging. Exemptions include operations or activities for street or utility work as well as building and subdivision development sites.
On-site processes that are related to the extraction of mineral aggregates or nonmetallic minerals, such as stockpiling of materials, blending mineral aggregates or nonmetallic minerals, crushing, screening, scalping and dewatering.
Any of the following:
The location, in the Agricultural and Industrial Zoning Districts, where nonmetallic mining is proposed or conducted.
Storage and processing areas that are in or contiguous to areas excavated for nonmetallic mining.
Areas where nonmetallic mining refuse is deposited.
Areas disturbed by activities such as construction or improvement of private roads or haulage ways for nonmetallic mining.
Areas where grading or regrading is necessary to conduct nonmetallic mining or to achieve a land use specified in an approved nonmetallic mining reclamation site.
§ 690-154 Sites one acre or greater; secondary standards.
B.
Permit. Nonmetallic mining sites may be permitted under this article with the submission of a conditional use permit pursuant to Article VI. The Plan Commission or RADC shall determine if the nonmetallic mining site is in the public interest after consideration of the following:
(1)
The nonmetallic mining site complies with all provisions of this chapter and Sauk County Code Chapter 24.
(2)
The establishment, maintenance, or operation of the special exception use shall not endanger the public health, safety, or general welfare, nor impair significant aesthetic, scientific, educational, or agricultural values.
(3)
That the establishment, maintenance, or operation of the conditional use will not substantially affect the existing use of adjacent properties and will not have a substantial adverse effect on the most suitable long-term future use for the area.
(4)
That adequate utilities, access roads, drainage, traffic plans, and other site improvements are or will be provided.
(5)
All outdoor lighting shall utilize fully shielded lighting fixtures to minimize artificial sky glow and prevent light trespass or glare beyond the property line.
(6)
That the nonmetallic mining use shall conform to all government regulations and standards pertaining to the activity, including air and water quality standards and stormwater and wastewater permit discharge requirements.
(7)
That the noise, vibration, and dust levels be within the standards as established by the state.
(8)
That an undeveloped buffer zone adjacent to extraction operations, commencing not less than 50 feet from a property line, or not less than 600 feet from an established building, or such other distance as the Plan Commission or RADC finds necessary for the protection and safety of adjacent properties from mineral extraction sites, with a stable angle of repose be provided along property lines.
(9)
That the reclamation plan, which shall similarly be imposed as a condition of approval, will be enforceable and, as enforced, will result in the property being in a final condition which is reasonably safe, attractive and, if possible, conducive to productive new uses for the site.
(10)
Stormwater runoff leaving the site will be controlled to limit sediment delivery to surface waters. Appropriate stormwater discharge or construction site erosion plans may be required.
(11)
Nonmetallic mining operations and reclamation shall be conducted in a manner that does not cause a permanent lowering of the groundwater table that results in adverse effects on surface waters or a significant reduction in the quantity of groundwater available for reasonable use to future users.
C.
Additional findings and conditions. Where deemed practicable and necessary by the Plan Commission or RADC, the following additional conditions may be added to a special exception:
(1)
Vegetative buffers, stockpiles, storage, and repairs shall conform to § 690-155. An earth bank, berm, or vegetative screen shall be constructed and maintained to screen the mining operation from view.
(2)
Safety standards. The nonmetallic mining site shall be enclosed by a fence, maintained at all times, with warning signs posted no more than 100 feet apart to indicate the presence of a nonmetallic mining site. Fencing and signs shall be installed prior to commencement of operations.
(3)
Water from site dewatering and washing operations will meet the conditions of the required Wisconsin Pollution Discharge Elimination System (WPDES) permit from DNR.
(4)
Any noise shall be kept below 70 dbA as measured at the nonmetallic mining site's property line during the mine's operational hours. Backup alarms on vehicles that are required by OSHA shall be exempt from this requirement. Verification of this requirement shall be provided to the Zoning Administrator upon written request.
(5)
Any conditions reasonable to protect public health, safety, and welfare, including the factors listed above, may be imposed as part of the special exception.
D.
Time of operation. Unless otherwise specified in this chapter, the conditional use permit shall be in effect for not more than five years and may be renewed by application to the Plan Commission or RADC. All permitted operations may be inspected at least once every year by the Zoning Administrator, and may be inspected at the time a request for renewal is submitted to the Zoning Administrator to determine if all conditions of the operation are being complied with. Renewed permits shall be modified to be in compliance with all state, county, and local law. Permits may be amended on application to the Plan Commission or RADC to allow extensions or alterations in operations under new ownerships or managements.
E.
Termination of nonmetallic mining activities. If nonmetallic mining activities terminate for a period of five years or more on a site which is the subject of an approved conditional use permit, the permit holder is not entitled to a right of renewal at the end of the permit period, despite compliance of former operations with all conditions of the original permit, unless:
(1)
The discontinuance was specified as part of the original operations plan.
(2)
The operator has Plan Commission or RADC approval of an amendment to the original permit, placing the operation on inactive status with conditions as to interim or partial reclamation.
(3)
Within two years of the cessation of the operation, all equipment, stockpiles, rubble heaps, other debris and temporary structures, except fences, shall be removed or backfilled into the excavation, leaving the premises in a neat and orderly condition.
(4)
As a condition of approval, the operator shall accept responsibility for remediation, or the permit may be revoked.
F.
Stockpiling. Stockpiling of any nonmetallic mineral, including stone, sand, gravel, clay, and topsoil, shall not be permitted beyond final reclamation.
§ 690-155 Sites less than one acre, not exceeding 24 months; secondary standards.
A.
Permit. Nonmetallic mining sites of one acre or less may be permitted under this section with the submission of a conditional use permit pursuant to Article VI. The Plan Commission or RADC shall determine if the nonmetallic mining site is in the public interest after consideration of the following, provided the nonmetallic mining site complies with all provisions of this chapter and Sauk County Code Chapter 24. These requirements include the requirement for financial assurance and a reclamation plan under Sauk County Code Chapter 24.
B.
Time of operation. Nonmetallic mining sites permitted under this section shall not exceed 24 months of operation, calculated from the date the land use permit is issued and concluding upon the completion of final reclamation. If a nonmetallic mining site exceeds 24 months of operation, it shall be reviewed under the standards of § 690-154.
C.
Number. Multiple locations for extraction may be located on a single parcel, provided that the total of all locations combined not exceed 15 acres.
D.
Occurrence. Nonmetallic mining sites under this article shall not be permitted to occur on a parcel more than once in any three-year period, calculated on the date that the land use permit was issued by the Zoning Administrator.
E.
Length of operation. Nonmetallic mining sites under this article cannot be extended in duration.
F.
Stockpiling. Stockpiling of any nonmetallic mineral, including stone, sand, gravel, clay and topsoil, shall not be permitted beyond final reclamation.
G.
Material storage. All materials used in conjunction with the facility shall be stored inside.
H.
Vegetative buffer. All vehicle repair and maintenance facilities located in nonindustrial zones shall include a vegetative buffer.
§ 690-156 Review procedure, standards, and application.
The application for a conditional use permit shall be accompanied by the following information:
A.
Ownership and management data. The location of the proposed site of operation, legal description, ownership of the land, leasehold, license and other property interests, and the identity of all individuals, partnerships, associations, or corporations which are involved of the proposed operation.
B.
Site plan. Provide a scaled site plan, indicating:
(1)
Date, North arrow, and graphic scale.
(2)
Location of property lines, rights-of-way, easements, and watercourses.
(3)
Roads, driveways, and intersections.
(4)
Outlines of all buildings, setbacks, and dimensions.
(5)
Means of vehicular access.
(6)
Schematic of drainage system.
(7)
Complete site erosion control plan and finished grade plan.
(8)
Proposed location, acreage, and depth of intended operation.
(9)
Proposed location of mineral extraction site, waste dumps, tailing ponds, sediment basins, stockpiles, structures, roads, railroad lines, utilities, or other permanent or temporary facilities used in the mining process.
(10)
Surface drainage of the property.
(11)
Location and names of all streams, roads, railroads, utility lines, and pipelines on or adjacent to the proposed site.
(12)
Location and description of the surface land use and vegetation, including all pertinent physical characteristics of the extraction site, and adjacent properties, including agricultural, archaeological, historical, and educational features.
(13)
Any additional information as requested by the Zoning Administrator or Committee.
C.
Operations plan. The operations plan shall address the following factors:
(1)
A timetable for the commencement and cessation of mining operations, and, if seasonal operations are intended, the months of operation shall be identified.
(2)
Estimated quantity in tons per year to be extracted, specified by phase.
(3)
The anticipated number of years of operation.
(4)
A description of the extraction and processing procedures, phasing, and equipment to be used.
(5)
A description of operating hours, days of operation, blasting and crushing hours, and hauling hours.
(6)
Proposed plan shall include the effect and mitigation measures of the operation on the quality and quantity of groundwater.
(7)
A description of the measures to be taken to control dust, noise, and vibration.
(8)
The proposed mode of transport and the route used to move materials.
(9)
Proposed earth bank, berm or vegetative screening, where deemed practicable to conceal the mining operation from view.
(10)
A description of on-site safety measures, including fencing and signage.
§ 690-157 Reclamation plan.
The reclamation plan and financial assurance shall be provided to Sauk County as pursuant to § NR 135, Wis. Adm. Code, and Sauk County Code Chapter 24. Sauk County may require the submittal of additional information as may be necessary to determine the nature of the mining operation and proposed reclamation.
§ 690-158 Groundwater maintenance and management plan.
For sites with planned excavation lower than the groundwater table, the operator shall submit a detailed hydrogeological report. The operator shall be required to reimburse the City for the expense of professional work or opinions in review of a hydrogeological report if recommended by staff or the Plan Commission or RADC. The hydrogeological report shall provide the following information, as well as a description and justification of all hydrologic methods used:
A.
Existing conditions to establish baseline data, including, but not limited to:
(1)
Analysis of groundwater quality on the mining site consistent with § NR 140.20, Wis. Adm. Code.
(2)
Identification of all known contaminated groundwater resources within 1/2 mile of the mining site.
(3)
Identification of all karst features, such as sinkholes, stream sinks, springs, caves, joints, or fractures, within 1/2 mile of the mining site.
(4)
Identification and elevation of all surface waters and headwaters within a minimum of 1/2 mile of the mining site. Elevations must include the existing water level, as well as the ordinary high-water mark where applicable.
(5)
Identification of all existing groundwater users (such as neighboring private water-supply wells, wellhead protection areas, municipal wells, and irrigation wells) within 1,200 feet of the mining site consistent with Ch. NR 812, Wis. Adm. Code. Well construction reports, including well location, well depth, depth of casing, depth to water, and aquifers penetrated, shall be identified.
(6)
Elevation of the groundwater table, groundwater flow directions, and groundwater velocities.
B.
Proposed operational data, including, but not limited to:
(1)
Elevation of the lowest point of mining and dewatering activities below groundwater.
(2)
Description of the means planned to prevent surface water running into the excavation.
(3)
Where dewatering is proposed, provide pumping rates and times, elevations of the groundwater drawdown level, and identification of groundwater discharge locations and quantities.
C.
The Plan Commission or RADC may require the applicant to provide additional relevant hydrogeological studies, such as groundwater modeling, if any of the following apply:
(1)
Dewatering is proposed at the mining site.
(2)
Known contaminated groundwater resources exist within 1/2 mile of the mining site.
(3)
Known karst features, such as sinkholes, stream sinks, springs, caves, joints, or fractures, exist within 1/2 mile of the mining site.
(5)
Existing wells using the same or a shallower aquifer exist within 1,200 feet of the mining site.
D.
If groundwater modeling is required, the following minimum information shall be provided:
(1)
Description and justification of all input data to groundwater models.
(2)
Calibration of all groundwater models.
(3)
Sensitivity analysis for all groundwater models.
(4)
Detailed output from the hydrologic methods, including the elevation of the water, elevation of the cone of depression caused by dewatering, groundwater flow directions, groundwater velocities, mounding elevations, and any potential effects on nearby surface water, springs, or users of surface water and groundwater.
(5)
Description of the possible existence of fractures or solution cavities in the geologic material and their effect on groundwater flow and land stability.