Ashland County Metallic Mineral Mining and Reclamation Ordinance

7/29/2019 Ashland County Metallic Mineral Mining and Reclamation Ordinance

1/7

ASHLAND COUNTY

METALLIC MINERAL MINING AND RECLAMATION

ORDINANCE

Special Use Permit Required.

1. Metallic Mineral Prospecting and Mining shall be permitted in Ashland County only as

a special use and only if a permit is applied for and obtained pursuant to the

requirements of this Ordinance.

2. Permits issued pursuant to this Ordinance may be in addition to any other State, Federal

or Local Permits, licenses or approvals necessary for any mine construction or any

aspect of the mining operation.

3. Any permit issued pursuant to this Ordinance may be in addition to any local agreemententered into by the County and the Applicant.

Purpose. The general purpose of this Ordinance is to regulate the location, construction, installation,

alteration, design, operation and reclamation of any metallic mining operation within, to protect the

health, safety and welfare of the residents, ensuring appropriate use of the land and water resources and

to provide for the environmentally sound reclamation on land disturbed by mining activities.

Statutory Authority. This Chapter is adopted under authority of the powers set forth in section 59.01,

59.03, 59.04, 59.51, 59.54, 59.57, 59.69, 59.70 and 92.11 of the Wisconsin Statutes.

Assumption. In ordaining this chapter, Ashland County assumes that the State mining regulations in

effect on the effective date of this Ordinance including, without limitation, Chapter 293 of the

Wisconsin State Statutes and Chapter NR132 and NR182 of the Wisconsin Administrative Code, will

apply to any metallic mining in Ashland County and will be enforced by the State of Wisconsin.

Interpretation. In their interpretation and application, the provisions of this Chapter shall be held to be

minimum requirements and shall be liberally construed in the favor of the County and shall not be

deemed a limitation or repeal of any power granted by the Wisconsin Statutes where any terms or

requirements of this Chapter may be inconsistent or conflicting. The more restrictive requirements or

interpretation shall apply. Where a provision of this Chapter is required by Wisconsin Statutes or by a

standard of the Wisconsin Administrative Code and where the provision is unclear, the provision shall

be interpreted to be consistent with the Wisconsin Statutes or Wisconsin Administrative Code.

Severability. Should any portion of this Chapter be declared unconstitutional or invalid by a Court of

competent jurisdiction, the remainder of this Chapter shall not be affected.

Applicability. The requirements of this Chapter apply to the use and proposed use of land for the

purpose of metallic mineral mining in Ashland County regardless of when such use is commenced.

Effective Date. The provisions of this Chapter shall take effect on _____________.

Definitions.

Standards. (1.) Prohibited Areas. No component of any metallic mineral mine may be constructed,

operated or maintained within any of the following areas unless an exemption is obtained from the

WDNR or the local jurisdiction.

(a) An area identified as unsuitable as per Section 293.01(28), Wis. Stat.

(b) An area identified as unsuitable as per Sec. NR 132.03(25), Wis. Admin. Code

02.08.13 DRAFT


2/7

(c) Any area listed in the location criteria in Sec. NR 132.18, Wis. Admin. Code

(d) Within 1,500' of any navigable lake, pond or flowage

(e) Within 500' of a navigable river or stream

(f) Within a floodplain

(g) Within 500' of the nearest edge of the right-of-way of any of the following: a State trunk

highway, an interstate or federal highway or a County highway. Additionally, any mine related

structure or tailings pond must be rendered inconspicuous, regardless of the season, by means of

screening to consist of plantings compatible with the surrounding environment or earth berm.

(h) Within 3,000' of the boundary of any village or city.

(i) Within 3,000' of any hospital, church, school, public park or cemetery.

(j) Within 1,500' of any public or private well

(k) Within 1,500' of any residence or farm building

In addition, the applicant agrees to at least a _________ foot buffer along the applicant's

property line where no mining activity will take place.

(2) The applicant agrees to construct, operate, and maintain the metallic mining project

within the standards of County, State and Federal Government including, withoutlimitation, the following:

County Ordinances:

Ashland County Shoreland Amendatory Ordinance

Ashland County Floodplain Ordinance

Statutes:

Wis. Stat. 30: Navigable waters, harbors and navigation

Wis. Stat. 31: Regulation of dams and bridges affecting navigable water

Wis. Stat. 59.01: Body corporate; status

Wis. Stat. 59.03: Home rule

Wis. Stat. 59.04: Construction of powers

Wis. Stat. 59.51: Board powers

Wis. Stat. 59.54: Public protection and safety

Wis. Stat. 59.57: Economic and industrial development

Wis. Stat. 59.69: Planning and zoning authority

Wis. Stat. 59.70: Environmental protection and land use

Wis. Stat. 92.11: Regulation of local soil and water resource management practices

Wis. Stat. 280: Pure drinking water

Wis. Stat. 281: Water and sewage

Wis. Stat. 283: Pollution discharge elimination

Wis. Stat. 285: Air pollution

Wis. Stat. 291: Hazardous waste management

Wis. Stat. 293: Metallic mining

Wis. Stat. 293.01: Definitions

Wis. Stat. 293.37: Application for mining permit

Wis. Stat. 293.41: Local agreements

Wis. Stat. 293.65: Withdrawal of surface waters; withdrawal of groundwater; damage claims

Wis. Stat. 985: Publication of legal notices; public newspapers; fees

02.08.13 DRAFT


3/7

Administrative Code:

Wis. Admin. Code Ch. NR 102: Water quality standards for Wisconsin surface waters

Wis. Admin. Code Ch. NR 103: Water quality standards for wetlands

Wis. Admin. Code Ch. NR 104: Uses and designated standards and secondary values

Wis. Admin. Code Ch. NR 105: Surface water quality criteria for toxic substances

Wis. Admin. Code Ch. NR 132: Metallic mineral miningWis. Admin. Code Ch. NR 132.03: Definitions

Wis. Admin. Code Ch. NR 132.05: Notification of intent to collect data

Wis. Admin. Code Ch. NR 132.07: Mining plan

Wis. Admin. Code Ch. NR 132.08: Reclamation plan

Wis. Admin. Code Ch. NR 132.17: Minimum design and operation requirements

Wis. Admin. Code Ch. NR 132.18: Location criteria and environmental standards

Wis. Admin. Code Ch. NR 135: Nonmetallic mining reclamation

Wis. Admin. Code Ch. NR 140: Groundwater quality

Wis. Admin. Code Ch. NR 142: Wisconsin water management and conservation

Wis. Admin. Code Ch. NR 150: Environmental analysis and review procedures for departmentactions

Wis. Admin. Code Ch. NR 151: Runoff management

Wis. Admin. Code Ch. NR 182: Metallic mining waste

Wis. Admin. Code Ch. NR 200: Application for discharge permits

Wis. Admin. Code Ch. NR 207: Water quality antidegradation

Wis. Admin. Code Ch. NR 216: Storm water discharge permits

Wis. Admin. Code Ch. NR 269: Stone, gravel and sand segment of mineral mining and

processing

Wis. Admin. Code Ch. NR 270: Ore mining and dressing

Wis. Admin. Code Ch. NR 300: Time limits and fees for waterway and wetland permitdecisions

Wis. Admin. Code Ch. NR 400: Air pollution control definitions

Wis. Admin. Code Ch. NR 500: General solid waste management requirements

Wis. Admin. Code Ch. NR 528: Management of accumulated sediment from storm water

management structures

Wis. Admin. Code Ch. NR 538: Beneficial use of industrial byproducts

Wis. Admin. Code Ch. NR 660: Hazardous waste management: general

Wis. Admin. Code Ch. NR 662: Hazardous waste generator standards

Wis. Admin. Code Ch. NR 820: Groundwater quality protection

Permit Requirements.

1(a). Financial Assurances The Applicant shall provide financial assurances, adequate inkinds

and amounts to the County's satisfaction, of the applicant's ability to undertake and complete the

proposed mining operation in accordance with this Ordinance including, without limitation, the ability

of the applicant to address all environmental impacts and adverse economic impacts arising from the

proposed mining operation.

1(b). The Applicant and the County, before a permit is granted, will discuss and agree upon the

need and amount of any Fund deposits necessary to offset all impacts attributed to the mining operation

including but not limited to, a performance bond, well replacement fund, road damage compensation

fund and a land value compensation fund.

1(c). The Applicant agrees it is their financial responsibility to provide for itself adequate or

upgraded utilities, roads, drainage, traffic plans and public utilities.

2(a). Well Monitoring For a period of at least one year, prior to the commencement of

construction of any mine, during the period of operating any mine, and for twenty five (25) years after

completion of the mine reclamation, the Applicant shall monitor on a continuous basis all private and

public wells located within two (2) miles of the perimeter of the mining site and any other wells that

the hydrologic study recommends should be monitored, to provide baseline data concerning quantityand quality of water adequate for all purposes, including but not limited to, determining validity of any

02.08.13 DRAFT


4/7

well damage. The well monitoring required shall be performed by an independent consultant agreeable

to both the County and the Applicant.

2(b). Hydrologic studies, including well and surface water monitoring, shall be conducted as

part of the permit requirement by an independent consultant agreeable to the Applicant and the County.

All costs associated with the well monitoring and hydrologic studies will be the responsibility of theApplicant.

3. Signed and Notarized Statement. As part of the application, the Applicant must provide a

signed and notarized statement which includes the following:

a. The name and address of the Applicant

b. A summary describing the nature and scope of the project

c. A legal description of all land proposed to be included in the project including landsto be mined, used for accessory buildings and structures, roadways and any other metallic mineral

mining related use.

d. A description of the Applicant's interest in the property that will be utilized for the

metallic mineral mine site including ownership, leasehold or any other interest.

e. A description of the Applicant's ownership or other interest in the mineral rights to the

metallic mine site, including a list of any persons owning any mineral rights to any portion of the

mineral deposit.

f. Approximate dates that mine construction will begin and end.

g. The Applicant's best estimate and explanation of the life expectancy of the mine

project.

h. Information explaining the expected total volume of minerals to be extracted from the

mine.

i. Evidence of the Applicant's financial and technical ability to carry out the project.

This evidence must include an explanation of the method of financing, a current and complete financial

statement of the Applicant, a list of the Applicant's experience in similar projects, a list of current

projects and the status of compliance at each project site, letters of reference and other materials as

determined to be necessary by the Committee.

j. The estimated cost of reclamation at the site on both total and per acre basis and

statement addressing the adequacy of bonding under state or federal requirements for addressing all

reclamation costs.

k. A statement that all information is accurate and complete to the best of the

Applicant's knowledge.

l. A statement that the Applicant agrees to abide, during and after the application

process, by all of the provisions and requirements of this chapter, applicable County ordinances, State

and Federal laws and regulations and any permits, licenses and approvals granted under such laws and

regulations.

m. A statement that as a condition of applying for a Metallic Mining License, the

Applicant accepts that the County ordinances are valid and agrees not to challenge in court the validity

of any code or zoning ordinance pertaining to the application for or granting of a Metallic Mining

License.

4. Project Description. The Applicant shall prepare a thorough narrative description of the

02.08.13 DRAFT


5/7

project in sufficient detail to allow the County to assess probable physical, environmental and

developmental impacts of the proposed mine and assess the potential impacts on human health safety

and general well being within the County. A description of all significant aspects of the proposed

operation including, but not limited to, the following:

a. All major facilities for mining, milling, ore-processing, transportation, logistics,

equipment storage and repair, tailings disposal, other waste disposal, sedimentation and settling ponds,retention and detention ponds, offices and other structures, roads, railroad lines and utilities.

b. Maps showing the maximum lateral extent and minimum and maximum depth of

underground or open pit workings and the location of primary shafts, tunnels and other primary

underground workings. Any map submitted to satisfy this requirement shall be updated on an annual

basis until a License is granted or denied.

c. Anticipated hours of operation and active life span of the operation.

d. Estimate of the number of people directly employed at the mine site during eachphase and an estimated breakdown by job classification of all such employees.

e. Principal types of mining and processing equipment to be used.

f. Chemical reagents to be used in mine operation and ore processing.

g. Maximum and customary noise and vibration levels expected during full operation.

h. Plans for visual screening.

i. Plans for lighting on site.

j. Measures to be taken to assure compliance with applicable air, water quality, water

quantity, and other State and Federal environmental standards.

k. Radiation levels anticipated in waste rock.

l. Methods for preventing access to all underground mine workings after mine closure.

5. Utilities. The Applicant shall estimate the public utility and public service

requirements for the mining operation and fully describe the manner in which all

necessary utility services will be provided at the site and the potential system

upgrades which the mining operation may require.

6. Roadway and Traffic Analysis. The Applicant shall identify in its application all

reasonably foreseeable roadway needs arising in Ashland County from operation of the

proposed mine and reasonably foreseeable secondary impacts of the mining operation

which may result in the demand for additional roadway improvements. With respect to

roads in Ashland County, the application shall identify and describe the anticipated

needs for roadway modifications resulting from the likely mine-related traffic impacts,

including both primary and secondary impacts and shall fully describe the existing

reasonably foreseeable mine-related changes to traffic patterns, traffic volume, the class

of roadways associated with those patterns, and any load-related needs and restrictions.

7. Community Impact Summary. The Applicant shall prepare and submit a community

impact summary report, which shall summarize the potential and estimated

impacts on the human health, safety and welfare and economic well being of

residents and transients of the County, based on the potential environmental and

socio-economic impacts of the proposed mining operation. The report shall

include a life-of-mine analysis of mining impacts upon social and environmental

baseline parameters through completion of reclamation, and shall address suchphenomenon as the boom/bust cycle.

02.08.13 DRAFT


6/7

8. Public Hearing. A Class 2 Legal Notice, under Chapter 985, Wis. Stat., will be

published by the Zoning Administrator announcing the date, time, and location of a public hearing

regarding any application for a metallic mining permit.

Permit Fees. 1. Administrative Fee Deposit. The Licensee shall pay all costs associated with the

County's administration of the License, including but not limited to consultant and other experts fees,legal fees, and administrative costs incurred by the County. Maintaining an adequate administrative fee

deposit balance at all times shall be a condition of maintaining a Permit. The County shall notify the

Licensee annually of the anticipated fee which shall be paid in advance on a quarterly basis and shall be

reconciled and adjusted on an annual basis. All administrative fees paid shall be deposited into an

assigned account and the County shall issue statements at least annually of such account showing all

deposits and categories and amounts of expenses incurred. The account shall remain funded as

provided in this chapter, conditions to the Permit of any agreement in force between the County and the

Applicant or Licensee, but the minimum amount on deposit shall not be allowed to fall below

$100,000.00. The account shall remain funded until after all required mine reclamation is determined

by the Committee to be complete and all mine waste facilities are closed to the Committee'ssatisfaction and then and only then shall any amount remaining on deposit be refunded to the

Applicant.

2. Applicant will pay a one time non-refundable fee of $25,000.00 for the Ashland

County Special Use Permit.

Permit Review Process. The Zoning Administrator will be responsible for the preliminary review of

any application for a Special Use Permit for metallic mining. If the Zoning Administrator, after the

review, feels all the requirements for the Permit have been met, the application will be forwarded to the

Zoning Committee for a final review and a recommendation to the Ashland County Board of

Supervisors for approval/denial

Permit Approval. A Special Use Permit for metallic mining will be approved by the Ashland County

Board of Supervisors.

Permit Denial. 1. Denial Allowed. A permit may be denied if the Applicant is not in good standing

with respect to its payment of administrative fees required under this chapter or if any of the following

situations may reasonably be expected to occur during or subsequent to mining as a result of the

proposed mining operation:

a. Landslides or significant deposition of sediment or debris from the proposed

operation into any navigable stream or on the bed of any natural lake.

b. Surface subsidence which cannot be stabilized or reclaimed.

c. Any hazard is presented that would result in irreparable and unavoidable damage to

any of the following, which has not been mitigated by the Applicant's obtaining of the consent of the

landowner or regulatory agency:

1. Residential dwellings.

2. Public, commercial or institutional property, structures or roads.

3. Public roads.

4. Culturally significant or historic properties.

5. Habitat required for survival of vegetation or wildlife designated as

endangered by WDNR or Federal regulations in effect with respect to the mine site.

d. Any net adverse economic impact on the County as measured over the life of the

proposed mine, including the reclamation phase.

e. Any detriment to public or private water supplies including, but not limited to the

impacts of withdrawals of groundwater for the operation or mine de-watering, that is not cured to the

satisfaction of either the Committee or the affected private landowners.

f. Any instance of current, substantial non-compliance at another mining site owned or

02.08.13 DRAFT


7/7

operated by the Applicant, located within or outside the State of Wisconsin, that has persisted for at

least 365 days without formal resolution by, or commencement of remedial actions acceptable to, the

regulatory agency with primary jurisdiction over the matter.

g. Any instance of significant ongoing environmental investigation, remediation, or

oversight by a government entity as the result of substantial documented noncompliance at another site

owned or operated by the Applicant including, for example, judicial or administrative proceedings,suspensions or revocations of other permits, forfeitures of financial assurances required by other

permits, or fines and penalties assessed against the Applicant in excess of $500,000 a the result of all

claims pertaining to a single matter.

h. Any instance in which the Applicant provides false or misleading information in any

material respect of significantly limits the County's ability to properly consider all relevant information.

i. Any instance in which the Applicant, after opportunity to make corrections or

supplement the record, fails to provide to the County with an adequate Permit application, fee deposit,

evidence of financial assurance or any other submittal required by this chapter.

j. Any other factors which lead the County to conclude that the proposed Permit would

be contrary to the public health and safety of County residents. Any such determination would require

specific factual findings by the Committee as to a particular factor and a particular harm to public

health and safety.

2. Denial Must Be in Writing. Any denial under this chapter shall be in writing and shall

contain detailed documentation of the reasons for denial.

3. Re-Submittal. If the County denies a Permit after conducting proceedings as set forth in thechapter, the Applicant may re-submit its application in accordance with this chapter, and re-submittal

shall constitute a new application in conformance with all provisions of this chapter, provided that any

differences between the original application and the new application shall be summarized by the

Applicant in a document entitled Explanation of Reasons for Re-Submittal. An application received

by e-submittal may be denied for any reason that any application may be denied.

02.08.13 DRAFT

Documents

Ashland County Metallic Mineral Mining and Reclamation Ordinance