§ 36-35. Issuance of a nonmetallic mining reclamation permit.

(1)

Permit required. No person may engage in nonmetallic mining or nonmetallic mining reclamation in Fond du Lac County without first obtaining a reclamation permit issued under this section, except for nonmetallic mining sites that are exempt from this chapter under subsection 36-7(2) or excluded from this chapter under subsection 36-10(16)(b). No person may engage in nonmetallic mining or nonmetallic mining reclamation after August 1, 2001, without a reclamation permit issued pursuant to this chapter.

(2)

Permit issuance. Applications for reclamation permits for nonmetallic mining that satisfy subsection 36-31 shall be issued a reclamation permit or otherwise acted on as provided below.

(a)

Unless denied pursuant to section 36-36, Fond du Lac County shall approve in writing a request that satisfies the requirements of subsection 36-31 to issue a nonmetallic mining reclamation permit for the proposed nonmetallic mine.

(b)

Fond du Lac County may not issue an approval without prior or concurrent approval of the reclamation plan that meets the requirements of section 36-32. The regulatory authority may issue a reclamation permit subject to conditions in subsection 36-35(5) if appropriate. The permit decision shall be made no sooner than 30 days nor later than 90 days following receipt of the complete reclamation permit application that meets the requirements in section 36-31 and reclamation plan that meets the requirements of section 36-32, unless a public hearing is held pursuant to section 36-34. If a public hearing is held, the regulatory authority shall issue the reclamation permit, subject to conditions pursuant to subsection 36-35(5) if appropriate, or shall deny the permit as provided in section 36-36, 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 section 36-32 and provision by the applicant of financial assurance required under section 36-33 and payable to Fond du Lac County prior to beginning mining.

(3)

Permit for local transportation-related mines.

(a)

Fond du Lac County shall 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 exceeding 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 Wisconsin 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 chapter under subsection 36-7(2).

(b)

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

(c)

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

1.

The applicant shall notify Fond du Lac County of the terms and conditions of the contract with respect to reclamation of the proposed borrow site.

2.

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

3.

Fond du Lac County shall accept the contractual provisions incorporating requirements of the Wisconsin Department of Transportation in lieu of a reclamation plan under section 36-32.

4.

Fond du Lac County shall accept the contractual provisions in lieu of the financial assurance requirements in section 36-33.

5.

The public notice and hearing provisions of section 36-34 do not apply to nonmetallic mining sites that are issued permits under this subsection.

Note: Local public notice and hearing requirements, if any, regarding zoning decisions still apply.

6.

Mines permitted under this subsection shall pay an annual fee to Fond du Lac County as provided in section 36-65, but shall not be subject to the plan review fee provided in section 36-64. The total annual fee, including the share of the Wisconsin Department of Natural Resources, shall not exceed the amount in Table 2 of section 36-65.

Note: Fees may not be assessed for local transportation-related mines permitted under this subsection under section 36-65 that is greater than allowed by Wis. Admin. Code § NR 135.23(1)(g). See subsection 36-65(3)(b) for details of this fee limitation.

7.

Fond du Lac County shall issue the permit within seven days of the receipt of a complete application.

8.

If the borrow site is used to concurrently supply materials for other than the local transportation project, the permitting in this subsection still applies provided the site will be reclaimed under a contractual obligation with the municipality in accordance with the Wisconsin Department of Transportation requirements.

9.

Notwithstanding section 36-63, 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.

Note: A reclamation permit is not required under this chapter for nonmetallic mining sites that are operated to provide materials for construction, maintenance and repair of transportation facilities that are subject to the Wisconsin Department of Transportation concerning restoration of the nonmetallic mining site, as provided by Wis. Stats. § 295.16(1)(c).

(4)

Expedited review. Any operator of a nonmetallic mining site may request expedited review of a reclamation permit application under subsections (a) or (b) as follows:

(a)

The operator may submit a request for expedited permit review with payment of the expedited review fee specified in subsection 36-64(2). 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, Fond du Lac 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 (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 section 36-34. 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. Any decision under this section may include conditions as provided below:

(a)

Fond du Lac County may issue a reclamation permit or approve a reclamation plan subject to general or site-specific conditions if needed to assure compliance with the nonmetallic mining reclamation requirements of this chapter. The approvals may not include conditions that are not related to reclamation.

Note: It is not appropriate for the regulatory authority to impose conditions on a reclamation permit, or the approval of a reclamation plan that address matters not directly related to nonmetallic mining reclamation. 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.

(b)

One required condition of the issued permit shall be that the new mine obtain financial assurance pursuant to section 36-33 prior to beginning mining.

(Ord. of 5-22-01, § 16; Res. of 11-13-01; Res. of 6-19-07)