RECLAMATION STANDARDS AND REGULATIONS

How can operators be assured that the county or local government regulatory authorities will have a fair and reasonable interpretation of the uniform reclamation standards?

The reclamation permit is based on a reclamation plan submitted by the operator and approved by the regulatory authority. The reclamation plan will show how the performance based and flexible reclamation standards will be met. The reclamation plan will provide known expectations, thereby assuring that arbitrary requirements are not imposed, protecting the operator against future, overly stringent interpretation of the reclamation standards.

Initially, all active operations that were interested in continuing mining were eligible to receive automatic reclamation permits. Operators were then required to submit detailed reclamation plans for approval between one to three years after the automatic reclamation permit was received. These plans must show that the standards will be met and serve to protect the operator against future overly stringent interpretation of the standards.

How can an operator ensure that they will have an equal opportunity to participate during hearings on a new or revised reclamation ordinance?

Interested parties should contact county and local government to get their name on applicable mailing lists for hearing announcements put out by county or local governments.

When is an informational public hearing on the reclamation plan necessary?

Chapter NR 135 provides that existing mines - those in operation prior to August 1, 2001 that applied for and received and automatic reclamation permits - (often these had conditional use permits based on a previously-approved reclamation plan) do NOT need a public informational hearing. However, a new mine (any mine opened after August 1, 2001) as well as any existing mine which requires a major revision to its reclamation plan would need to provide an opportunity for a public informational hearing.

Keep in mind that these are informational hearings and are intended to be limited in scope to explaining to and receiving comment from affected persons on the nature, feasibility, effects and other relevant aspects of the proposed nonmetallic reclamation plan.

In order to improve efficiency, it was intended that these informational hearings be piggybacked to a zoning-related hearing on the nonmetallic mine site whenever possible. This way the regulatory authority may jointly consider the reclamation-related testimony and so simultaneously fulfill the requirement for public hearing for a nonmetallic mining reclamation permit.

Given that the county nonmetallic mining reclamation ordinance is intended to implement the uniform reclamation standards contained in NR 135 is there any basis for a difference between an ordinance and NR 135?

First, both the detailed requirements for the ordinance and the reclamation standards are contained in and required by NR 135. The ordinance itself may be thought of as the legal vehicle through which the county or municipal regulator authority establishes an administrative program to ensure that the statewide reclamation standards are, indeed, complied with.

The primary objective of NR 135 is to ensure that all nonmetallic mining sites are reclaimed in compliance with the uniform statewide reclamation standards established in the rule. The uniform reclamation standards exist on a statewide basis and are implemented either through the ordinance enacted by the county or municipal regulatory authority. NR 135 contains both the reclamation standards and the detailed requirements for the content of reclamation ordinances. Before the reclamation standards can apply in a given jurisdiction the ordinance must be enacted to provide the legal framework for the reclamation programs.

Does this program affect the siting and permitting of proposed new mines?

No. NR 135 creates a reclamation program focused on final site reclamation and environmental protection and has no affect on siting decisions. Since it is not a zoning rule there is no effect on local zoning decisions. The decision on locating a nonmetallic mine will continue to be based on the physical presence of a deposit, market demands, and restrictions that are placed on these activities through the zoning process.

Does NR 135 address my concerns about noise, blasting and traffic?

No. Chapter NR 135 deals only with the reclamation of mines. Concerns related to the siting of mines and compatibility with nearby land uses need to be addressed through the zoning process. Concerns regarding operations including hours of operation, blasting, noise and so forth are addressed in zoning and other ordinances. Citizens should contact local officials to address these concerns.

Does this reclamation rule cause the reclamation of already abandoned mine sites in Wisconsin?

No. There is no requirement nor any funding to reclaim the previously abandoned sites. However, this does not mean that the rule will not have an effect in this area. Now that the uniform reclamation standards are in effect through county ordinances, there should be no additional abandoned unreclaimed sites. Those sites that are operating in long-term locations or that reopen in the future may chose to reclaim past mined-out areas in order to fit in with the land use that is approved in the reclamation plan. Once people see the results, it may create incentive to voluntarily convert past abandoned sites into productive land uses.