HomeMy WebLinkAboutOrdinance 1989 (226) ,14.2,?! ../
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G t,�� ONMETALLIC MINING & RECLAMATION ORDINANCE
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C Board of Supervisors of St. C roix Coun
Wisconsin does ordain as follows:
A. AUTHORITY
In accordance with the provisions of Section 59.97 and
66.038, Wisconsin Statutes, the St. Croix County Board of
Supervisors does hereby enact the following nonmetallic
mining and reclamation ordinance.
B. PURPOSE
It is the purpose of this ordinance to establish regulations
for nonmetallic mining operations and site reclamation to
minimize short -term and long -term adverse effects to the
general health, safety and welfare, and the environment,
and to restore the site to an acceptable landscape appearance
and proposeful use after operations cease.
C. APPLICABILITY
1. This ordinance is applicable to all nonmetallic mining
operations and sites within each town in the county except
within those towns with a nonmetallic mining ordinance which
is at least as restrictive as this ordinance.
2. This ordinance supersedes all less restrictive town non-
metallic mining and reclamation ordinances and any less
restrictive town nonmetallic mining and reclamation ordinance
becomes invalid upon the effective date of this ordinance.
3. This ordinance is applicable to a site located in more
than one county if:
a. This ordinance is more restrictive than
any other nonmetallic mining and reclamation
ordinance for a county in which the site is
located;
b. No other county within which the site is
located has a nonmetallic mining and
reclamation ordinance; or
c. All counties within which the site is
located have nonmetallic mining and
reclamation ordinances which are identical
with respect to the site.
4. This ordinance applies to any portion of a nonmetallic
mining site, including unreclaimed portions of a site which
were mined prior to the effective date of this ordinance.
5. To the extent that this ordinance is inconsistent with
Section 17.15(6)(g) of the St. Croix County Zoning Ordinance,
this ordinance applies.
6. This ordinance does not apply to the following
activities:
a. Excavations or grading by a person solely
for domestic use at his or her residence.
b. Excavations or grading conducted for
highway construction purposes within the
highway right -of -way.
c. Grading conducted for farming, preparing a
construction site or restoring land following
a flood or natural disaster.
d. Excavations for building construction
purposes.
e. Any mining operation the reclamation of
which is required in a permit obtained under
Sections 144.80 to 144.94, Wisconsin Statutes.
f. Any activities conducted at a solid or
hazardous waste disposal site to prepare,
operate or close a solid waste disposal
facility under Sections 144.43 to 144.445,
Wisconsin Statutes, or a hazardous waste
disposal facility under Sections 144.60 to
144.74, Wisconsin Statutes. This nonmetallic
mining and reclamation ordinance applies to
activities related to solid or hazardous waste
disposal which are conducted at a nonmetallic
mining site separate from a solid or hazardous
waste disposal facility, including but not
limited to obtaining nonmetallic minerals to
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be used for lining, capping, covering or
constructing berms, dikes or roads.
g. Any nonmetallic mining site or portion of
a site which is subject to permit and
reclamation requirements of the Wisconsin
Department of Natural Resources under Sections
30.19, 30.195, and 30.20, Wisconsin Statutes.
D. DEFINITIONS
1. "Board of Adjustment" means the board established by the
St. Croix County Board of Supervisors pursuant to Section
59.99, Wisconsin Statutes.
2. "Department" means the St. Croix County Zoning
Department.
3. "Nonmetallic mining operation" or "operation" means all
activities performed in extracting from the earth mineral
aggregates such as stone, decomposed granite, sand and
gravel and nonmetallic minerals such as clay, feldspar, peat,
and topsoil, and related activities, including but not
limited to, excavation, grading or dredging if those
activities are related to the extraction of mineral
aggregates and nonmetallic minerals and related processes
such as crushing, screening, scalping, dewatering and
blending.
4. "Nonmetallic mining refuse" means waste soil, rock,
mineral, liquid, vegetation and other waste material
resulting from a nonmetallic mining operation. This term
does not include merchantable by- products resulting directly
from or displaced by the nonmetallic mining operation.
5. "Nonmetallic mining site" or "site" means the proposed or
actual location of a nonmetallic mining operation, including
all surface areas from which minerals are removed, related
storage and processing areas, areas where nonmetallic mining
refuse is deposited and areas disturbed by the nonmetallic
mining operation and by other activities, such as
construction or improvement of roads or haulageways.
6. "Operator" means any individual, partnership, firm,
association, corporation or other legal entity who applies
for or holds a nonmetallic mining permit.
7. "Permit" means a permit which is required by this
ordinance as a condition precedent to commencing a
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nonmetallic mining operation.
8. "Reclamation" means the rehabilitation of a nonmetallic
mining site including but not limited to removing nonmetallic
mining refuse, grading of the site, replacing topsoil,
establishing vegetative cover controlling surface and
groundwater, taking other steps to minimize erosion and
preventing environmental pollution and restoring plant, fish
and wildlife habitat.
9. "Replacement of topsoil" means replacing the topsoil
which was removed or disturbed by the nonmetallic mining
operation or providing topsoil at the site which is able to
sustain adequate vegetative cover to minimize wind and water
erosion.
E. APPLICATIONS AND PERMITS
1. Nonmetallic mining operations are special
exceptions to the St. Croix County Zoning Ordinance
and may be permitted in all districts.
2. An application for a special exception permit
must be submitted to the Department by the Operator
and shall contain the following:
a. An operation plan which contains:
(1) The legal description of the site and
a copy of the deed or other recorded
document showing ownership of the site;
(2) If the Operator is not the owner of
the site, a copy of the agreement with the
owner authorizing the Operator to conduct
a nonmetallic mining operation on the
site;
(3) A map showing the location of the
site structures, navigable bodies of water
and other significant features in
adjoining areas.
(4) A topographic and drainage map at a
minimum contour interval of twenty feet
for the site and two hundred feet beyond
the site on all sides;
(5) A scale drawing showing locations of
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stockpiles, storage yards, on -site roads,
and structures;
(6) Dates of commencement and cessation
of the operation;
(7) Location of water tables within the
site and adjoining area;
(8) Length, width and depth of
excavation. All horizontal and vertical
measurements shall be referenced to a
permanent reference point;
(9) Estimated volume of material to be
L emoved;
10) Description of machinery and
quipment to be used;
11) Estimated daily quantity of water
equired, water source, and method of
isposing of water;
12) Proposed travel routes;
13) Days and hours of operation;
14) Measures to be taken to screen the
peration from view of surrounding land
ses, temporary erosion control measures,
nd measures to be taken to minimize noise
nd dust during operation.
5) Method of topsoil stripping and
orage.
6) Any other information the Department
Board deems necessary owing to the
iqueness of a site, operator or
plication.
reclamation plan which contains:
1) A description of the proposed
eclamation including final land use,
inal land shape, final topography and
rainage. The angle of repose shall be a
atio of not less than 2:1.
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(2) A description of the sequence of re-
clamation activities as areas of the site
become inactive;
(3) Method of topsoil replacement,
seeding method and rate, type of seed,
and techniques to be utilized for
temporary soil and slope stabilization,
such as mulching or netting.
(4) Date of commencement and duration of
reclamation.
5) Any other information the Department
or Board deems necessary owing to the
uniqueness of a site, operator or
application.
(6) The Department or Board may request
review of the plan by the County
Land Conservation Office.
3. The completed application shall be submitted to the Board
by the Department for approval, approval with modifications
or conditions, or denial, pursuant to Section 17.70(5) of the
St. Croix County Zoning Ordinance.
4. Upon receipt of a completed application, the Department
shall notify in writing the clerk of all towns in which the
site is located.
F. GENERAL REQUIREMENTS AND CONDITIONS
1. Sites of up to twenty acres and for operation periods up
to five years may be permitted. Renewals of permits for up
to five year periods and expansions of up to twenty acres may
be granted in the same manner as initial applications.
2. A buffer zone of at least one hundred feet along
adjoining property lines and public roads and highways shall
be provided.
3. Where practicable, an earth berm and /or vegetative
screening shall be erected and maintained to screen the site.
4. The filing of an application grants to the Department and
the Board the right of access without notice to the site for
purposes related to this ordinance.
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5. The Operator shall comply with all applicable federal,
state and local laws, rules and regulations.
6. The Operator will furnish an annual certificate of
insurance providing at least $1,000,000.00 bodily injury
coverage from an insurance carrier licensed to do business in
Wisconsin.
7. To assure site reclamation:
a. The Operator shall file with the Department specific
financial assurance to guarantee restoration;
b. Satisfactory guarantees shall be established by the
Board based on size of operation, prior reclamation
experience and history of the Operator, but not in an
amount less than $1,000.00 an acre, and shall be in the
form of either a cash bond or surety bond. The bond may
be adjusted annually to reflect inflation based on the
Consumer Price Index for the Minneapolis -St. Paul area.
Cash bonds shall be deposited in an interest bearing
escrow account and accrued interest shall remain on
deposit until the reclamation is completed and the
cash bond is no longer necessary. Upon satisfactory
completion of reclamation the cash bond, including
interest, shall be returned to the Operator.
8. Permits obtained pursuant to this ordinance are not
transferrable or assignable without prior approval of the
Board.
9. An Operator may at any time apply for amendment or
cancellation of a permit, or for modification in the
operation plan or reclamation plan. An application for
amendment, cancellation or modification shall be processed in
the same manner as an original application.
10. Failure to comply with this ordinance authorizes the
Board to issue a compliance order, field directive,
suspension order, or termination order. Also, the Operator
may be sued pursuant to Section 17.71 of the St. Croix County
Zoning Ordinance for forfeitures and /or injunctive relief.
11. If any portion of this ordinance is declared invalid or
unconstitutional by a court, the remainder of this ordinance
shall not be affected thereby.
12. This ordinance shall take effect and be in force from
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and after its proper passage and publication pursuant to
Wisconsin Law.
Dated this day of
1988.
COMPREHENSIVE PARKS, PLANNING, AND ZONING COMMITTEE
Negative Affirmative
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