Establish a local program to ensure the effective reclamation of sites on which nonmetallic mining takes place in Rock County after August 1, 2001, in compliance with Subchapter 1, Ch. 295, Wisconsin Statutes and Ch. NR 135, Wisconsin Administrative Code.

View Ordinance

 

The operator of any nonmetallic mine shall apply for and obtain a reclamation permit from the Rock County Land Conservation Department (LCD) before beginning any mining operation. The operator shall submit all of the following:

1. Rock County Application for Nonmetallic Mining Reclamation Permit. View Application
2. The first year’s annual fee. View Fee Table
3. A reclamation plan meeting Ordinance standard. 
4. Certification the operator will provide financial assurance upon granting of reclamation permit and before mining begins.

 

Permit Issuance for New Mines.   

When the LCD receives an application to issue a reclamation permit for a new mine, it shall publish a Class 1 public notice of the application in the official newspaper of Rock County no later than 30 days after receipt of a complete application.  The notice will allow the public to request a public hearing which will provide information and allow for presentations of testimony on reclamation-related matters. 

The permit decision shall be made no sooner than 30 days nor later than 90 days following receipt of the complete reclamation permit application and reclamation plan unless a public hearing is held.  If a public hearing is held, the regulatory authority shall issue the reclamation permit, or deny the permit no later than 60 days after completing the public hearing.

Permits issued shall require financial assurance to be provided and compliance with a reclamation plan that has been approved prior to beginning mining.

 

For assistance with understanding Rock County Nonmetallic Mining Reclamation Ordinance, please call Paul King at 608-289-0877 or paul.king@co.rock.wi.us.

 

Nonmetallic mining means all of following:

(A)  Operations or activities at a site for the extraction from the earth of mineral aggregates or nonmetallic minerals for sale or use by the operator.

• Nonmetallic mining includes 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.

(B)  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 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, topsoil, sand, gravel, beryl, clay, coal, feldspar, peat, talc

 

Nonmetallic mining reclamation means:

The rehabilitation of a nonmetallic mining site to achieve a land use specified in an approved nonmetallic mining reclamation plan.

• Examples of land uses are:
  • cropland,
  • pasture,
  • pond or lake,
  • commercial building lots
  • residential lots.

• Rehabilitation methods used may include:
  • 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,
  • Restoration of plant, fish and wildlife habitat.

The requirements of this Ordinance apply to all operators of nonmetallic mining sites within Rock County operating on or commencing to operate after August 1, 2001, except as those exemptions that apply and except for nonmetallic mining sites located in a city, village or town within Rock County that has adopted an ordinance pursuant to Sec. 295.14, Wis. Stats., and Sec. NR 135.32 (2), Wis. Adm. Code.

This Ordinance does not apply to nonmetallic mining sites where nonmetallic mining permanently ceased before August 1, 2001.

This chapter applies to nonmetallic mining conducted by or on behalf of Rock County, a 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

 

Nonmetallic mining site includes:

1. The location where nonmetallic mining is proposed or conducted.

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

3. Areas where nonmetallic mining refuse is deposited.

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

5. Areas where grading or regrading is necessary.

6. 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.

 

Nonmetallic mine site does not includes:

1. Those portions of sites not used for nonmetallic mining or purposes related to nonmetallic mining after August 1, 2001.

2. Separate, previously mined areas that are not used for nonmetallic mineral extraction 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.

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

 

Exemptions - This Ordinance does not apply to the following activities:

(A) Nonmetallic mining at Wisconsin Department of Natural Resources (DNR) permitted site associated with enlargement of waterways or changing of stream courses or removal of material from beds of navigable waters.

(B) Excavations subject to the permit and reclamation requirements of harbor improvements.

(C) Excavations or grading solely for domestic or farm use at that person's residence or farm.

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

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

(F) Excavations for building construction purposes conducted on the building site.

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

(H) Any nonferrous metallic mining operation, where reclamation is required in a DNR permit.

 (I) Activities required to prepare, operate or close a solid waste disposal facility or a hazardous waste disposal facility that are conducted on the property where the facility is located. Note: nonmetallic mining reclamation ordinance requirements apply to activities related to solid waste or hazardous waste disposal that are conducted at a nonmetallic mining site that is not on the property where the 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.

(J) Wisconsin Department of Transportation (DOT):

1. 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 DOT concerning the restoration of the nonmetallic mining site.
2. This exemption only applies to a nonmetallic mining operation with limited purpose and duration where the DOT actively imposes reclamation requirements and the operator reclaims the nonmetallic mining site in accordance with these requirements. The duration of the exemption shall be specific to the length of the DOT contract for construction of a specific transportation project.
3. If a nonmetallic mining site covered under paragraphs 1 and 2 is used to concurrently supply materials for projects unrelated to the DOT project, the exemption in this paragraph still applies, provided that the site is fully reclaimed under DOT contract and supervision.

(K) Dredging for navigational purposes, to construct or maintain farm drainage ditches and for remediation of environmental contamination and disposal of spoils from these activities

All operators of nonmetallic mining sites shall prepare and submit a reclamation plan that meets the following requirements:

 

(A)  Site Information.

1. Maps of the nonmetallic mining site including the general location, property boundaries, the area extent, adjacent properties.
2. Geologic composition and depth of the nonmetallic mineral deposit.
3. Distribution, thickness and type of topsoil.
4. Approximate elevation of ground water, as determined by existing hydrogeologic information.
5. Location of surface waters and the existing drainage patterns.
6. Information available to the mine operator on biological resources, plant communities, and wildlife use at and adjacent to the proposed or operating site.
7. Existing topography as shown on contour maps of the site at 2-foot intervals.
8. Location of manmade features on or near the site.
9. For proposed nonmetallic mine sites that include previously mined areas, a plan view drawing showing the location and extent of land previously affected by nonmetallic mining, including the location of stockpiles, wash ponds and sediment basins.

 

(B)  Post-Mining Land Use.

1. Specify a proposed post-mining land use consistent with local land use plans and local zoning at the time the plan is submitted.  The proposed post-mining land use shall also be consistent with the land use element of the Rock County Comprehensive Plan as well as all applicable local, state, or federal laws in effect at the time the plan is submitted.
2. Land used for nonmetallic mineral extraction in areas zoned under an exclusive agricultural use ordinance shall be restored to agricultural use.

 

(C)  Reclamation Measures.

1.  Description of proposed earthwork and reclamation, including final slope angles, high wall reduction, benching, terracing and other structural slope stabilization measures and if necessary a site engineering analysis performed by a registered professional engineer.
2. The methods of topsoil or topsoil substitute material removal, storage, stabilization and conservation that will be used during reclamation.
3. A plan or map which shows anticipated topography of the reclaimed site and any water impoundments or artificial lakes needed to support the anticipated future land use of the site.
4. A plan or map which shows surface structures, roads and related facilities after the cessation of mining.
5. The estimated cost of reclamation for each stage of the project or the entire site if reclamation staging is not planned.
6. A revegetation plan which shall include timing and methods of 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.
7. Quantifiable standards for revegetation adequate to show that a sustainable stand of vegetation has been established which will support the approved post-mining land use. Standards for revegetation may be based on the percent vegetative cover, productivity, plant density, diversity or other applicable measures.
8. A plan and, if necessary, a narrative showing erosion control measures to be employed during reclamation activities. These shall address how reclamation activities will be conducted to minimize erosion and pollution of surface and groundwater.
9. A description of any areas which will be reclaimed on an interim basis sufficient to qualify for the waiver of fees and release of financial assurance and which will be subsequently disturbed prior to final reclamation.
10. A description discussing site specific safety measures to be implemented at the site and measures that address public safety with regard to adjacent land uses.
11. Proposed schedule and sequence for the completion of reclamation activities for various stages of reclamation

 

(D)  Quantifiable Criteria for assuring successful reclamation.

 

(E)  Certification of Reclamation Plan.

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 they concur with the reclamation plan and will allow its implementation.

 

(F)  Copy Location.

The operator shall keep a copy of the reclamation plan required by this section, once approved by the Land Conservation Department (LCD) under this chapter, at the mine site or, if not practicable, at the operator’s nearest office or place of business.

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

 

1. A nonmetallic mining reclamation permit may be transferred to a new operator upon submittal to the Land Conservation Department (LCD):
   • An Application for Permit Transfer Nonmetallic Mining Reclamation (View Application)
   • Proof of financial assurance
   • 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 LCD and the LCD 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.

 

Previously Permitted Sites

For any nonmetallic mining site which had a reclamation permit previously issued by another regulatory authority pursuant to Ch. NR 135, Wis. Adm. Code that becomes subject to reclamation permitting authority of the LCD the terms and conditions of the previously issued municipal reclamation permit shall remain in force until modified by the LCD.