Section 135.21. Reclamation permit issuance.

 

(1)   Permit issuance. Unless denied pursuant to s. NR 135.22 , the regulatory authority shall approve in writing an application submitted pursuant to s. NR 135.18 (1) to issue a nonmetallic mining reclamation permit for a proposed nonmetallic mine. The regulatory authority may issue a reclamation permit subject to conditions in sub. (2) if appropriate. The permit decision shall be made no sooner than 30 nor later than 90 days following receipt of the complete reclamation permit application and reclamation plan that meets the requirements of s. NR 135.19 pursuant to this subchapter, unless a public hearing is held pursuant to s. NR 135.20 . If a public hearing is held, the regulatory authority shall issue the reclamation permit, subject to conditions pursuant to sub. (2) if appropriate, or shall deny the permit as provided in s. NR 135.22 , no later than 60 days after completing the public hearing.

(2)   Conditions. The regulatory authority 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. One required condition of the issued permit shall be that the new mine obtain financial assurance pursuant to s. NR 135.40 prior to beginning mining.

(3)   Cooperative issuance by multiple authorities. If more than one regulatory authority has jurisdiction over a single nonmetallic mining site, the regulatory authorities shall cooperatively issue a single reclamation permit for the nonmetallic mining site. Any unresolvable issues may be referred to the department under s. NR 135.52 .

History: Cr. Register, September, 2000, No. 537 , eff. 12-1-00; CR 06-024 : r. (1), renum. (2) to (4) to be (1) to (3) and am. Register November 2006 No. 611 , eff. 12-1-06.

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. Microsoft Windows NT 6.1.7601 Service Pack 1