Section 340.06. Permits.

 

(1)  Permits shall be granted where the department finds that the provisions of this chapter and the relevant standards contained in ss. 30.19 , 30.195 and 30.20 , Stats., have been met.

(2)  The initial permit issued to an operator shall be valid for a period not greater than 10 years. If no proceeding for revocation or violation of the permit has been initiated during the term of the permit and there are no other changed or previously unknown circumstances, including environmental considerations, the permit may, after notice and opportunity for hearing, be renewed for succeeding periods of up to 10 years.

(3)  Permits shall be conditioned on compliance with the following:

(a) Operations shall be limited to the dimensions and depth approved by the department;

(b) Any permanent pond created in the 100-year floodplain by operations where fish entrapment is likely to occur shall be of sufficient permanency, size, depth and quality to sustain fish and aquatic life and shall be open to the public for fishing after reclamation has been completed. A marked, easily usable public access shall be provided from the adjacent waterway;

(c) There may be no stockpiling or storage of materials contrary to s. 30.12 , Stats., ch. NR 116 , or any local floodplain zoning ordinance;

(d) Progressive and final reclamation of the site;

(e) If deemed necessary by the department, banks and drainages to navigable waterways shall be stabilized prior to and during project operations, and drainages shall be filtered where necessary to prevent siltation and water turbidity;

(f) The operator shall notify the department in writing at least 15 days prior to initial commencement of operations and not more than 15 days after the final reclamation;

(g) Other requirements as are necessary, such as incorporation of a buffer zone, to ensure project operation and progressive and final reclamation in a manner consistent with this chapter and to ensure the prevention of environmental pollution as defined in s. 283.01 (6m) , Stats.; and

(h) That the operator acknowledges through acceptance of the permit that the department shall retain continuing jurisdiction in the matter.

(i) Reclamation as proposed in the plan required by s. NR 340.05 shall comply with the reclamation standards established in ch. NR 135 .

(4)  Permits shall be denied if the department finds that the operation will not conform with the minimum requirements in this chapter and the standards in ss. 30.19 , 30.195 and 30.20 , Stats., as applicable, or if the applicant has previously failed and continues to fail to comply with ss. 30.19 , 30.195 and 30.20 , Stats., or any permit issued under these sections, as they relate to nonmetallic mining, or this chapter, including failure to obtain a permit prior to any operation.

History: Cr. Register, August, 1991, No. 428 , eff. 9-1-91; cr. (3) (i), Register, September, 2000, No. 537 , eff. 12-1-00; correction in (3) (g) made under s. 13.93 (2m) (b) 7., Stats., January 2002 No. 553.

Note

Operations that do not meet the effluent limitations in ch. NR 269 will require a separate Wisconsin pollutant discharge elimination system (WPDES) permit. Microsoft Windows NT 6.1.7601 Service Pack 1