§ 36-36. Permit denial.

An application for a nonmetallic mining reclamation permit shall be denied as set forth below:

(1)

An application to issue a nonmetallic mining reclamation permit shall be denied, within the time frame for permit issuance specified in section 36-35, if Fond du Lac County finds any of the following:

a.

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

b.

The proposed nonmetallic mining site cannot be reclaimed in compliance with the reclamation standards contained in this chapter, Wis. Admin. Code ch. NR 135, or Wis. Stats. subch. I. of ch. 295.

c.

1.

The applicant, or its agent, principal or predecessor has, during the course of nonmetallic mining in Wisconsin within ten years of the permit application or modification request being considered shown a pattern of serious violations of this chapter or of federal, state or local environmental laws related to nonmetallic mining reclamation.

2.

The following may be considered in making this determination of a pattern of serious violations:

a.

Results of judicial or administrative proceedings involving the operator or its agent, principal or predecessor.

b.

Suspensions or revocations of nonmetallic mining reclamation permits pursuant to this chapter, other reclamation ordinances or Wis. Admin. Code ch. NR 135.

c.

Forfeitures of financial assurance.

d.

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 section 36-41.

(Ord. of 5-22-01, § 17; Res. of 6-19-07)