§ 36-34. Public notice and right of hearing.

(1)

Reclamation plan hearing. Fond du Lac County shall provide public notice and the opportunity for a public informational hearing as set forth below:

(a)

Public notice.

1.

When Fond du Lac County receives an application to issue a reclamation permit, it shall publish a public notice of the application no later than 30 days after receipt of a complete application that satisfies section 36-31.

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(1), in the official newspaper of Fond du Lac 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 Fond du Lac County to the applicable municipal zoning board, the county and applicable local planning organization, the county land conservation officer, and owners of land within 300 feet of the boundaries of the parcel or parcels of land on which the site is located.

(b)

Hearing. Fond du Lac County shall provide for an opportunity for a public informational 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, Fond du Lac County shall provide the opportunity at this hearing to present testimony on reclamation-related matters. This opportunity shall fulfill the requirement for public hearing for a nonmetallic mining reclamation permit required by this section. Fond du Lac County shall consider the reclamation-related testimony in the zoning-related hearing in deciding on a permit application pursuant to this chapter.

2.

a.

If there is no opportunity for a zoning-related hearing on the nonmetallic mine site as described in subsection 1., opportunity for public hearing required by this section shall 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, within 30 days of the date of public notice under subsection (a), request a public informational hearing, which shall be held no sooner than 30 days nor later than 60 days after being requested. 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 date, time and location of the public informational hearing shall be published in the official newspaper of Fond du Lac County.

b.

The subject matter and testimony at this informational hearing shall be limited to reclamation of the nonmetallic mine site.

Note: Informational hearings are limited to reclamation of the nonmetallic mining site. Regulatory authority staff conducting the hearings should make it clear that the hearings may not cover non-reclamation matters because they are beyond the scope of NR 135 reclamation. Non-reclamation matters are those related to zoning or subject to other local authority. These matters may include but are not limited to: traffic, setbacks, blasting, dewatering, hours of operation, noise or dust control or the question of whether to use the land for mining.

(2)

[Reserved.]

(3)

Local transportation-related mines. No public notice or informational hearing is required for a nonmetallic mining reclamation permit issued to a local transportation-related mine pursuant to subsection 36-35(3).

(Ord. of 5-22-01, § 15; Res. of 11-13-01; Res. of 6-19-07)