Oneida Tribe of Indians of Wisconsin
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Oneida Tribe of Indians of Wisconsin
BUSINESS COMMITTEE
Oneidas bringing several
hundred bags of cornto
Washington's starving army
at Valley Forge, after the
colonists had consistently
refused to aid them.
P.O. Box 365 • Oneida, WI 54155
Telephone: 920-869-4364 • Fax: 920-869-4040
UGWA DEMOLUM YATEHE
Because of the help of
this Oneida Chief In
cementing a friendshIp
betweenthe six nations
and the colony of
Pennsylvania, a new
nation, the United States
was made possible.
Be Resolution # 08-01-07-G
Adoption a/the Non-Metallic Mine Reclamation Law
WHEREAS,
the Oneida Tribe ofIndians of Wisconsin is a federally recognized Indian government and
a treaty tribe recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body ofthe Oneida Tribe ofIndians of
the Wisconsin; and
WHEREAS,
the Oneida Business Committee has been delegated the authority ofArticle IV ofthe Oneida
Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Tribe has recently acquired a sand pit which it would like to mine; and
WHEREAS,
the Tribe wants to regulate the reclamation ofthe sand pit and therefore needs to adopt a law
for the reclamation of nonmetallic mines; and
WHEREAS,
the proposed Non-Metallic Mine Reclamation law was drafted by the Legislative Reference
Office in conjunction with the Environmental, Health and Safety and Zoning departments,
as well as the Oneida Law Office; and
WHEREAS,
the Non-Metallic Mine Reclamation proposal received a public hearing in accordance with
the Administrative Procedures Act on June 12,2007.
NOW THEREFORE BE ITRESOLVED, that the Oneida Business Committee hereby adopts the attached
Non-Metallic Mine Reclamation law.
CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida Business
Committee is composed of9 members ofwhom 5 members constitute a quorum. JL members were present
at a meeting duly called, noticed and held on the 1st day of August, 2007; that the foregoing resolution was
duly adopted at such meeting by a vote of.1- members for;.JL. members against; and _0_ members not
voting; and that said resolution has not been rescinded or amended in any way.
gkTri[~i;
Oneida Business Committee
Chapter 41
NON-METALLIC MINE RECLAMATION
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41.13 PermitTransfer
41.14. Review
41.15. PermitModification
41.16. PermitSuspension orRevocation
41.17. Annual Operator Reporting
41.18. Annual Fees
41.19. Regulatory Reporting and Documentation
41.20. Completed Reclamation-Reporting, Certification and Effect
4121. Permit Termination
41.22. Right of Entry and Inspection
41.23. Violations
41,1 Purpose and Policy
41.2 Adoption, Amendment, Repeal
41.3 Definitions
41.4 Administration
41.5 Applicability
41.6 Standards
41.7 Nonmetallic Mining Reclamation Permit
41.8 Reclamation Plan
41.9 Financial Assurance
41.10 Public Notice and Right of Hearing
41.11 Alternative Requirements
41.12 Permit Duration
Analysis by the Legislative Reference Office
The proposed new law defines the responsibilities of the operators of nonmetallic mining
sites, ZoningDepartment(Department) and the Land Commissionin relationto the reclamationof
nonmetallicmining sites located within the Reservation's boundaries.
The law sets the following:
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Nonmetallic mining reclamation standards
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Reclamationplan requirements
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Reclamation permit application requirements including: approval, conditional
approval, denial, duration, transfer, modification, suspension, revocation and
termination
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Financial assurances
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Public notice and public hearingrequirements
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Regulatory reporting and docnmentation
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Annual fees
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Orders and citations
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The Zoning Departmentis required to recommend approval, conditionalapproval or denial
of a reclamationplan and permitto the LandCommission. If the Land Commissionfailsto act upon
a recommendation within 30 days of the Department's recommendation, it is passivelyapproved.
An appeal of any decision or action, including decisions relating to the plan or permit, will go
through the Tribe's administrative procedures act. See section 41.14.
The proposed law requires a public hearing notice and process substantially similar to the
Administrative Procedures Act. The publichearingprocesswill allow Tribal members and owners
of land within 1,200 feet of a proposed site an opportunity to provide comments. The nonmetallic
mining reclamation publichearingcan be combinedwith a zoningrelatedhearingon the same mine.
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See section 41.10.
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This law is compliantwith the Formatfor Laws. Apublic hearingwas heldon June 12, 2007
and no comments were received.
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41.1. Purpose and Policy.
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41.1-1. Purpose. The purpose of this law is to ensure the effective reclamation of nonmetallic
mining sites on which nonmetallic mining takes placewithin the boundaries ofthe reservationofthe
Oneida Tribe ofIndians of Wisconsin and any other lands added under any law of'the United States.
41.1-2. Policy. It is the policy of the Tribe to have procedures for reclamation ofnonmetallic
mining sites within the Reservation.
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41.2. Adoption, Amendment, Repeal.
41.2-1. This law is adopted by the Oneida Business Committee by resolution BC__- - - - 41.2-2. This law may be amended by the Oneida Business Committee or the Oneida General Tribal
Council as set forth under the laws governing Tribal administrative procedures.
41.2-3. Should a provision of this law or the application thereofto any person or circnmstances be
held as invalid, such invalidity shall not affect other provisions of this law which are considered to
have legal force without the invalid portions.
41.2-4. Any law, policy, regulation, rule, resolution or motion, or portion thereof, which directly
conflicts with the provisions of this law is hereby repealed to the extent that it is inconsistent with
or is contrary to this law.
41.2-5. This law is adopted under authority of the Constitution of the Oneida Tribe ofIndians of
Wisconsin.
41.3. Definitions.
41.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) "Alternative requirement" means an alternative to the reclamation standards of this law
provided through a written authorization granted by the Department pursuant to 41.11.
(b) "Contemporaneous reclamation" means the sequential or progressive reclamation of
portions of the nonmetallic mining site affected by mining operations that is performed in
advance offinal site reclamation, but which mayor may not be final reclamation, performed
to minimize the area exposed to erosion, at anyone time, by nonmetallic mining activities.
(c) "Department" means the Oneida Zoning Department.
(d) "Environmental pollution" means the contaminating or rendering unclean or impure the
air, land or waters within the Reservation, or making the same injurious to public health,
harmful for commercial or recreational use, or deleterious to fish, bird, animal or plant life.
(e) "Financial assurance" means a commitment of funds or resources by an operator to the
Department that satisfies the requirements in 41.9 and is sufficient to pay for reclamation
activities required by this law.
(f) "Landowner" means the person who has title to land in fee simple or who possesses land
held in trust or who holds a land contract for the land. A landowner is not a person who .
owns nonmetallic mineral rights to land ifa different person possesses title to that land in fee
simple or possesses land held in trust or holds a land contract for that land.
(g) "Nonmetallic mineral" means a product, commodity or material consisting principally
of naturally occurring, organic or inorganic, nonmetallic, nonrenewable material.
Nonmetallic minerals include, but are not limited to, stone, sand, gravel, asbestos, beryl,
diamond, clay, coal, feldspar, peat, talc and topsoil.
(h) "Nonmetallic mining" orvmining" means all of the following:
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(1) Operationsor activities at a nonmetallic mining site for the extraction from the
earth of mineral aggregates or nonmetallic minerals for sale or use by.the operator.
Nonmetallic mining includes use of mining equipment or techniques jo remove
materials from the in-place nonmetallic mineral deposit, includingdrillirigand
blasting, as well as associated activities such as excavation, grading and dredging.
Nonmetallic mining does not include removal from the earth of products or
commoditiesthat containonlyminor or incidentalamountsofnonmetallic minerals,
such as commercial sod, agricultural crops, ornamental or garden plants, forest
products, Christmas trees or plant nursery stock.
(2) Processes carried out at a nonmetallic mining site that are related to the
preparationor processingofthe mineralaggregatesor nonmetallicminerals obtained
from the nonmetallic mining site. These processes include, but are not limited to
stockpiling of materials, blending mineral aggregates or nonmetallic minerals with
other mineral aggregates or nonmetallic minerals, blasting, grading, crushing,
screening, scalping and dewatering.
(i) "Nonmetallic mining reclamation" or "reclamation" means the rehabilitation of a
nonmetallic mining site to achieve a land use specified in a nonmetallicmining reclamation
plan approved under this law, including removal or reuse of nonmetallic mining refuse,
grading of the nonmetallic mining site, removal, storage and replacement of topsoil,
stabilization of soil conditions,reestablishmentof vegetativecover, control ofsurface water
and groundwater, prevention of environmental pollution and, if practicable, the restoration
of plant, fish and wildlife habitat.
0) "Nonmetallic mining refuse" means waste soil, rock and mineral,as well as other natural
site material resultingfromnonmetallicmining. Nonmetallicminingrefusedoes not include
marketable by-productsresulting directly from or displaced by the nonmetallic mining that
are scheduled to be removed from the nonmetallic mining site within a reasonable period of
time after extraction.
(k) "Nonmetallic mining site" or "site" means all contiguous areas of present or proposed
mining on tribal lands and waters held in trust, tribal lands and waters held in fee status, fee
status lands under the control of individual Oneida members, heirship lands and waters and
individual and tribal trust lands and waters, within the exterior boundaries of the Oneida
Tribe ofIndians of WisconsinReservation; and such other lands as may be hereafter added,
both within and without the exterior boundaries of the Oneida Reservation, under any law
of the United States, except as otherwise provided by law, including:
(1) The location where nonmetallic mining is proposed or conducted.
(2) Storage and processing areas that are in or contiguous to areas excavated for
nonmetallic mining.
(3) Areas where nonmetallic mining refuse is deposited.
(4) Areas affected by activities such as the construction or improvement of private
roads or haulage ways for nonmetallic mining.
(5) Areas where grading or regrading is necessary.
(6) Areas where nonmetallic mining reclamation activities are carried out or
structuresneededfor nonmetallicmining reclamation,suchas topsoilstockpileareas,
revegetation test plots, or channels for surface water diversion, are located.
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(I) "Operator" means any person or entity who is engaged in, or who has applied for a permit
to engage in, nomnetallic mining, whether individually, jointly or through subsidiaries,
agents, employers, contractors or subcontractors.
(m) "Reservation" means all land within the exterior boundaries of the.Reservation of the
Oneida Tribe of Indians of Wisconsin, as created pursuant to the 1838 Treaty with the
Oneida, 7 Stat. 566, and any lands added thereto pursuant to federal law.
(n) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water
supply treatment plant or air pollution control facility and other discarded or salvageable
materials, including solid, liquid, semisolid or contained gaseous materials resulting from
industrial, commercial, mining and agricultural operations, and from community activities,
but does not include solids or dissolved material in domestic sewage, or solid or dissolved
materials in irrigation return flows or industrial discharges which are point sources, or source
material, special nuclear material or by-product material which is defined as radioactive
material, except special nuclear material, yielded in or made radioactive by exposure to the
radiation incident to the process of producing or utilizing special nuclear material or the
tailings or waste produced by the extraction or concentration ofuranium or thorium from any
ore processed primarily for its source material content.
(0) "Topsoil" means the surface layer of soil which is generally more fertile than the
underlying soil layers, which is the natural medium for plant growth and which can provide
the plant growth, soil stability and other attributes necessary to meet the success standards
approved in the reclamation plan.
(P) "Topsoil substitute material" means soil or other unconsolidated material either used
alone or mixed with other beneficial materials and which can provide the plant growth, site
stability and other attributes necessary to meet the success standards approved in the
reclamation plan.
(q) "Tribe" means the Oneida Tribe ofIndians of Wisconsin.
(r) "Unreclaimed acre" or "unreclaimed acres" means:
(1) those unreclaimed areas where nomnetallic mining reclamation has been
completed but is not yet certified as reclaimed under 41.20-3. However the term
does not include any areas described in 41.3-1(r)(2).
(2) "Unreclaimed acre" or "unreclaimed acres" does not include:
(A) Those areas where reclamation has been completed and certified as
reclaimed under 41.20-3.
(B) Those portions of nomnetallic mining sites which are included in
nomnetallic mining reclamation plan approved pursuant to this law but are
not yet affected by nomnetallic mining.
(C) Areas previously mined but used for a non-mining activity, such as
stockpiling of materials used for an industrial activity such as an asphalt
plant, concrete batch plant, block and tile operation or other industry that uses
products produced from nomnetallic mining.
(D) For purposes offees under 41.8, those areas within a nomnetallic mining
site which the Department has determined to have been successfully
reclaimed on an interim basis in accordance with 41.20-3.
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41.4. Administration.
41.4-1. The provisions of this law shall be administered by the Oneida Zoning Department.
41.5. Applicability.
41.5-1. OverallApplicability. The provisions of this law shall extend to all tribal lands and waters
held in trust, all tribal lands and waters held in fee status, all fee status lands under the control of
individual Oneida members, all heirship lands and waters and all individual and tribal trust lands and
waters, all within the exterior boundaries ofthe Oneida Tribe ofIndians of Wisconsin Reservation;
and to such other lands as may be hereafter added, both within and without the exterior boundaries
ofthe Oneida Reservation, under any law ofthe United States, except as otherwise provided by law.
41.5-2. Exemptions. This law does not apply to the following activities:
(a) Excavations or grading by a person solely for domestic or farm use at that person's
residence or farm.
(b) Excavations or grading conducted for the construction, reconstruction, maintenance or
repair of a highway, railroad, airport facility, or any other transportation facility where the
excavation or grading is entirely within the property boundaries ofthe transportation facility.
(c) Grading conducted for preparing a construction site or restoring land following a flood
or natural disaster.
(d) Excavations for building construction purposes conducted on the building site.
(e) Nonmetallic mining at nonmetallic mining sites that affect less than one acre oftotal land
over the life of the mine.
(f) Any metallic mining operation.
(g) Any activities required to prepare, operate or close a solid waste disposal facility, or a
hazardous waste disposal facility, that are conducted on the property where the facility is
located, but an applicable nonmetallic mining reclamation ordinance and the standards
established in this law apply to activities related to solid waste or hazardous waste disposal
that are conducted at a nonmetallic mining site that is not on the property where the solid
waste or hazardous waste disposal facility is located, such as activities to obtain nonmetallic
minerals to be used for lining, capping, covering or constructing berms, dikes or roads.
(h) Dredging for navigational purposes, to construct or maintain farm drainage ditches and
for the remediation of environmental contamination and the disposal of spoils from these
activities.
41.6. Standards.
. 41.6-1. All nonmetallic mining sites subject to this law shall be reclaimed in conformance with the
standards contained in this section.
41.6-2. General Standards.
(a) Refuse and Other Solid Wastes. Nonmetallic mining refuse and other solid wastes shall
be reused in accordance with a reclamation plan.
(b) Area Disturbed and Contemporaneous Reclamation. Nonmetallic mining reclamation
shall be conducted, to the extent practicable, to minimize the area disturbed by nonmetallic
mining and to provide for nonmetallic mining reclamation of portions of the nonmetallic
mining site while nonmetallic mining continues on other portions ofthe nonmetallic mining
site.
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(c) Public Health, Safety and Welfare. All nonmetallic mining sites shall be reclaimed in
a mannersoasto complywithTribal regulations governing publichealth,safetyandwelfare.
(d) Habitat Restoration. When the land use required by the reclamation plan approved
pursuantto this lawrequiresplant, fish or wildlife habitat, itshall be restored.to theextent
practicable, to a condition at least as suitable as that which existed before the lands were
affected by nonmetallic miningoperations.
(e) Compliance with Environmental Regulations. Reclamation ofnonmetallic miningsites
shall comply with any other applicable laws including those related to environmental
protection, zoningand land use control.
41.6-3. Surface Water and Wetlands Protection. Nonmetallic mining reclamation shall be
conducted and completed in a manner that assures compliance with the Tribe's water quality
standards for surface watersandwetlands contained. Before disturbing the surfaceofa nonmetallic
mining site and removing topsoil, all necessary measures for diversion and drainage of runofffrom
the site to preventpollutionof waterswithinthe Reservation shall be installed in accordance with
the reclamationplansapproved pursuantto this law. Diverted or channelized runoffresultingfrom
reclamationmay not adversely affect neighboring properties.
41.6-4. Groundwater Protection.
(a) Groundwater Quantity. A nonmetallic mining site shall be reclaimed in a manner that
does not cause a permanent lowering of the water table that results in adverse effects on
surfacewaters or a significant reduction in the quantity of groundwater reasonably available
for future users of groundwater.
(b) Groundwater Quality. Nonmetallic miningreclamation shall be conducted in a manner
which does not cause groundwater qualitystandards to be exceeded.
41.6-5. Topsoil Management.
(a) Removal. Topsoil and topsoil substitute material shall be removed, protected and
redistributed to support reclamation and site stabilization. Topsoil shall be managed as
specified in the reclamation plan approved pursuant to this law in order to achieve
reclamation to the approved post-mining land use. Topsoil and topsoil substitute material
removalshallbe performed, as required by the reclamation plan, priorto anyminingactivity
associated with any specific phase of the mining operation.
(b) Volume. The operator shall obtain the volume of soil required to perform final
reclamation by removal of on-site topsoil or topsoil substitute material or by obtaining
topsoil or substitute material as needed to make up the volumeoftopsoil as specifiedin the
reclamation plan approved pursuant to this law.
(1) Existingresources that may be used to identifythe soil presenton a site include
soil surveys and information obtained from a soil scientist or other available
resources. Topsoil or topsoil substitutematerialshall be removed from areas to be
affected by mining operations to the depth indicated in the reclamation plan or as
determined in the field by a soil scientist, project engineer or other qualified
professional.
(c) Storage. Once removed, topsoil or topsoil substitute material shall, as required by the
reclamation plan approved pursuant to this law, either be used in contemporaneous
reclamation or storedin an environmentally acceptable manner. The locationof stockpiled
topsoil or topsoil substitute material shall be chosento protectthe material from erosionor
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further disturbance or contamination. Runoffwater shall be divertedaroundall locations in
which topsoil or topsoil substitute material is stockpiled.
41.6-6. Final Grading and Slopes.
(a) All areas affected by mining shall be graded in accordance with the reclamation plan
approved pursuantto this law to achieve a stableand safe conditionconsistentwith the post
mining land use. The reclamation plan may designate areas such as stable slopes and rock
faces which do not require final grading.
(b) Final reclaimed slopes covered by topsoil or topsoil substitute material may not be
steeperthan a 3:1 horizontal to vertical incline,unlessalternative requirements areapproved
under 41.11, and stable slopes can be demonstrated based on site-specific engineering
analysis. The engineering analysis shall show that a minimum acceptable slope stability
factor is attainable at a steeper slope and that the post-mining land use specified in the
reclamation plan is not adversely affected. When the slope occurs at the edge of a body of
water,this approvedslopeshallextend vertically six (6) feetbelowthelowestseasonal water
level. A slope no steeper than 3:1 shall be created at a designated location or locations,
depending on the size ofthe water bodyto allow for a safe exit.
(c) All areas in the nonmetallic mine site where topsoil or topsoil substitute material is to
be reapplied shall be graded or otherwise prepared prior to topsoil or topsoil substitute
material redistribution to provide the optimum adherence between the topsoil or topsoil
substitutematerial and the underlying material.
41.6-7. Topsoil Redistribution for Reclamation. Topsoil or topsoil substitute material shall be
redistributed in accordance with the reclamation plan approved pursuant to this law in a marmer
which minimizes compactionand prevents erosion. Topsoil or topsoil substitute material shall be
uniformly redistributedexcept whereuniform redistribution is undesirable or impractical. Topsoil
or topsoil substitute material redistribution may not be performed during or immediately after a
precipitation event until the soils have sufficiently dried.
41.6-8. Revegetation and Site Stabilization. Except for permanent roads or similar surfaces
identifiedin the reclamationplan approved pursuantto this law,all surfaces affected bynonmetallic
mining shall be reclaimed and stabilized by revegetation or other means. Revegetation and site
stabilization shall be in accordance with the approved reclamation plan and shall be performed as
soon as practicable after mining activity has permanently ceased in any part of the mine site.
41.6-9. Assessing Completion ofSuccessful Reclamation.
(a) The criteria for assessing when reclamation is complete and, therefore, when the
financial assurance may be released shall be specified in the reclamation plan approved
pursuantto this law. Criteriato evaluate reclamation success shall be quantifiable.
(b) Compliance with the revegetation success standards in the approved reclamation plan
shall be determinedby:
(1) On-site inspections by an agent of the Department;
(2) Reports presenting results obtained during reclamation evaluations including
summarized data on revegetation, photodocumentation or other evidence that the
criteria approved in the reclamation plan to ascertain successhave been met; or
(3) A combinationof inspections and reports.
(c) In those cases wherethe post mining land use specifiedin the reclamation plan requires
a return of the mining site to a pre-mining condition, the operatorshall obtain baselinedata
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on the existing plant community for use in the evaluation of reclamation success pursuant
to this section.
(d) Revegetation success may be determined by:
(1) Comparison to an appropriate reference area; ..
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(2) Comparison to baseline data acquired at the mining site prior to its being affected
by mining; or
(3) Comparison to an approved alternate technical standard.
(e) Revegetation using a variety of plants indigenous to the area is favored.
41.6-10. Intermittent Mining. Intermittent mining may be conducted provided that the possibility
of intermittent cessation of operations is addressed in an operator's reclamation permit, no
environmental pollution or erosion ofsediments is occurring, and financial assurance for reclamation
pursuant to 41.9 is maintained covering all remaining portions ofthe site that have been affected by
nonmetallic mining and that have not been reclaimed.
41.6-11. Maintenance. During the period ofthe site reclamation, after the operator has stated that
reclamation is complete but prior to release of financial assurance, the operator shall perform any
maintenance necessary to prevent erosion, sedimentation or environmental pollution, comply with
the standards ofthis section, or to meet the goals specified in the reclamation plan approved pursuant
to this law.
41.7. Nonmetallic Mining Reclamation Permit.
41.7-1. Permit Required Every operator of a nonmetallic mining site on the reservation who
engages in or plans to engage in nonmetallic mining shall obtain a reclamation permit issued under
this section, except for nonmetallic mining sites that are exempt from this law under 41.5-2. No
person may engage in nonmetallic mining or nonmetallic mining reclamation without a reclamation
permit issued pursuant to this law.
41.7-2. Application. All operators of nonmetallic mining sites shall apply for a reclamation permit
from the Department. All applications for reclamation permits shall be accompanied by the
following:
(a) A brief description of the general location and nature of the nonmetallic mine.
(b) A legal description ofthe property on which the nonmetallic mine is located or proposed,
including the parcel identification number.
(c) The names, addresses and telephone numbers of all persons or organizations who are
owners or lessors of the property on which the nonmetallic mining site is located.
(d) The name, address and telephone number of the person or organization who is the
operator.
(e) A certification by the operator ofhis or her intent to comply with the nonmetallic mining
. reclamation standards established by this law.
(f) A reclamation plan and plan review fees.
(g) A land use permit.
41.7-3. Expedited Review. Any operator ofa nonmetallic mining site may request expedited review
of a reclamation permit application under 41.7-3(a) or 41.7-3(b) as follows:
(a) The operator may submit a request for expedited permit review with payment of the
expedited review fee specified in 41.18-2. This request shall state the need for such
expedited review and the date by which such expedited review is requested.
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(b) Following receipt of a request under thissubsection, the Department shall. inform the
applicant ofthe estimated date for decisionon issuance of the permit. If the.applicantthen
elects not to proceed with the expedited review, the fee paid under 41.7-3(a) shall be
returned.
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(c) Expedited reviewunder this subsection shall not waive, shortenor otherwise affectthe
public notice and right of hearing pursuant to 4l.l O. This section does not impose an
obligation upon the Department to act upon a permit application under this section by a
specificdate.
41.7-4. Permit Conditions. Any decision under this section may include conditions as provided
below:
(a) The Department 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 law.
(b) One required conditionof the issued permit shall be that the new mine obtain financial
assurance pursuant to 41.9 prior to beginning mining.
41.7-5. Permit Approval. An application for a nomnetallic mining reclamation permit shall be
approvedunless the Department finds any of the following:
(a) The applicant has,afterbeinggivenan opportunity to makecorrections, failedto provide
to the Department an adequate permit application, reclamation plan, financial assurance or
any other submittal required by this law.
(b) The proposed nonmetallic mining site cannot be reclaimed in compliance with the
reclamation standards containedin this law.
(c) The applicant, orits agent,principal or predecessor has, duringthe courseofnomnetallic
mining in Wisconsin or elsewhere within ten (10) years of the permit application or
modification requestbeingconsidered showna patternof seriousviolations ofthis law or of
other enviromnentallaws relatedto nonmetallic miningreclamation. The following maybe
considered in making this determination of a patternof seriousviolations:
(I) Results of judicial or administrative proceedings involvingthe operator or its
agent, principal or predecessor.
(2) Suspensions or revocations ofnonmetallic miningreclamationpermits pursuant
to this law, or other reclamation ordinances.
(3) Forfeitures of financial assurance.
(d) The applicant fails to meet the requirements under 41.8.
(e) The permit would violate Tribal policy.
41.7-6. A decision to deny an application to issue a reclamation permit may be reviewed under
41.14-2.
41.7-7. A denialunderthissubsection shallbe in writingandshallcontaindocumentation ofreasons
for denial.
41.8. Reclamation Plan.
41.8-1. Reclamation Plan Requirements. All operators of nonmetallic mining sites subject to this
law shall prepare and submit a reclamation plan that meetsthe following requirements:
(a) Plan Required. An operatorwho conducts or plans to conductnomnetallic mining shall
submit to the Department a reclamation plan that meets the requirements and standards of
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this law. To avoid duplication, the reclamation plan may, by reference, incorporate existing
plans or materials that meet the requirements of this law.
(b) Site Information. The reclamation plan shall include information sufficient to describe
the existing natural and physical conditions of the site, including~ but not limited to:
(1) Maps of the nomnetallic mining site including the general location, property
boundaries, the areal extent, depth to bedrock, geologic composition and depth ofthe
nomnetallic mineral deposit, the distribution, thickness and type of topsoil, the
approximate elevation of ground water, the location of surface waters and the
existing drainage patterns.
(A) Topsoil or topsoil substitute material required to support revegetation
needed for reclaiming the site to approved post-mining land use can be
identified using soil surveys or other available information.
(2) Information available to the mine operator on biological resources, plant
communities, and wildlife use at and adjacent to the proposed or operating mine site.
(3) Existing topography as shown on contour maps of the site at contour intervals
as specified by the Department.
(4) Location of manmade features on or near the site.
(A) Some of or all of the information required above may be shown on the
same submittal, i.e., the site map required by 41.8-1(b)(l) may also show
topography required by 41.8-1(b)(3).
(c) Post-Mining Land Use.
(1) The reclamation plan shall specify a proposed post-mining land use for the
nomnetallic mine site. The proposed post-mining land use shall be consistent with
Tribal land use plans and Tribal zoning at the time the plan is submitted, unless a
change to the land use plan or zoning is proposed. The proposed post-mining land
use shall also be consistent with any applicable laws in effect at the time the plan is
submitted.
(2) Land used for nomnetallic mineral extraction in areas zoned exclusively for
agricultural use shall be restored to agricultural use.
(d) ReclamationMeasures. The reclamation plan shall include a description ofthe proposed
reclamation, including methods and procedures to be used and a proposed schedule and
sequence for the completion ofreclamation activities for various stages ofreclamation ofthe
nonmetallic mi ning site. The following shall be included:
(l) A description of the proposed earthwork and reclamation, including final slope
angles, high wall reduction, benching, terracing and other structural slope
stabilization measures.
(2) The methods of topsoil or topsoil substitute material removal, storage,
stabilization and conservation that will be used during reclamation.
(3) A plan or map which shows anticipated topography ofthe reclaimed site and any
water impoundments or artificial lakes needed to support the anticipated future land
use of the site.
(4) A plan or map which shows surface structures, roads and related facilities after
the cessation of mining.
(5) The estimated cost of reclamation for each stage of the project or the entire site
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if reclamation staging is not planned.
(6) A revegetation plan which shall include timing and methods of seed bed
preparation, rates and kinds of soil amendments, seed application timing, methods
and rates, mulching, netting and anyothertechniques needed to accomplish soil.and
slope stabilization.
(7) Quantifiable standards forrevegetation adequate to showthat a sustainable stand
ofvegetation hasbeenestablished whichwillsupportthe approved post-miningland
use. Standards for revegetation may be based on the percent of vegetative cover,
productivity, plant density, diversity or other applicable measures.
(8) A plan and, if necessary, a narrative showing erosion control measures to be
employed during reclamation activities. These shall address how reclamation
activities will be conducted to minimize erosion and pollution of surface and
groundwater.
(9) A hydrogeological investigation is required by a hydrogeologist to assure that
there will not be a permanent lowering of base flow in adjacent streams or
degradation of groundwater quality.
(10) A description of any areas which will be reclaimed on an interim basis
sufficient to qualify for the reduction of fees pursuantto 41.20-4(c) and which will
be subsequently disturbedprior to final reclamation. Descriptions shall include an
identification ofthe proposed areasinvolved, methodsofreclamation to comply with
the standards in this law and timing of interim and final reclamation.
(A) Some of the information required by this subsection may be combined
to avoid duplication, e.g. a single map may show anticipated post-mining
topography required by 41.8-1(d)(3) as well as structures and roads as
required by 41.8-1 (d)(4).
(e) The reclamation plan shall contain criteria for assuring successful reclamation in
accordance with 41.6-9.
(f) Certification of Reclamation Plan. The operatorshall provide a signedcertification that
reclamation will be carriedout in accordance withthe reclamation plan. Thelandowner and
lessee, if differentfrom the operator, shall also providesignedcertification that theyconcur
with the reclamation plan and will allow its implementation.
(g) Approval. The operator shall keep a copy of the reclamation plan required by this
section, once approved by the Department under this law, at the mine site or, if not
practicable, at the operator's nearestofficeor place of business.
41.8-2. Plan Review Fees. A person who intendsto operatea nonmetallic mining site for which a
permit application has been submittedunder41.7-2 shall submit a non-refundable plan reviewfee,
which shall be established by theDepartment. A separate plan review fee shall be paid under this
section for any modification to an existingreclamation plan submitted pursuant to 41.15.
41.8-3. Expedited Plan Review Fee. A personwho intendsto operatea nonmetallic miningsite for
which a permitapplication has been submitted under41.7-2mayobtainexpeditedreclamation plan
review by payinga fee to the Department. Such fee shall be in addition to that requiredin 41.8-2.
41.8-4. Relation to Annual Fee. Any reclamation plan review fee or expedited reclamation plan
reviewfee collectedunder this section shall be addedto and collectedas part of the first annual fee
collectedunder section 41.18.
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41.8-5. Public Nonmetallic Mining. The plan review fee requirements ofthis section do not apply
to nonmetallic mining conducted by the Tribe through its agencies or departments.
41.9. Financial Assurance.
41.9-1. The following financial assurance requirements do not apply to nonmetallic mining
conducted by the Tribe through its agencies or departments.
41.9-2. Financial Assurance Requirements. All operators of nonmetallic mining sites on the
reservation shall prepare and submit a proof of financial assurance that meets the following
requirements:
(a) Notification. The Department shall provide written notification to the operator of the
amount of financial assurance required under 41.9-2(c).
(b) Filing. Following approval ofthe nonmetallic reclamation permit, and.as a condition of
the permit, the operator shall file a financial assurance with the Department. The financial
assurance shall provide that the operator shall faithfully perform all requirements in this law,
an applicable reclamation ordinance and the reclamation plan. Financial assurance shall be
payable to the Oneida Tribe ofIndians of Wisconsin. In cases where one or more regulatory
authorities regulate a nonmetallic mining site, all financial assurance shall be made payable
to the Department only if it currently has primary regulatory responsibility.
(c) Amount and Duration of Financial Assurance. The amount of financial assurance shall
equal as closely as possible the cost to the Department of hiring a contractor to complete
either final reclamation or progressive reclamation according to the approved reclamation
plan. The amount of financial assurance shall be reviewed periodically by the Department
to assure it equals outstanding reclamation costs. Any financial assurance filed with the
Department shall be in an amount equal to the estimated cost for reclaiming all sites the
operator has under project permits. The Department may accept a lesser initial amount of
financial assurance provided that the permittee initiates a process to continuously increase
the amount of financial assurance until it is adequate to effect reclamation. An escrow
account may be established that is based on production gross sales and serves to provide
regular payments to an account that is designed to grow to the amount necessary to guarantee
performance of reclamation by the expected time of final reclamation. The period of the .
financial assurance is dictated by the period oftime required to establish the post mining land
use declared and approved of in the reclamation plan. This may extend beyond the permit
if required to accomplish successful and complete implementation of the reclamation plan.
(d) Form and Management. Financial assurance shall be provided by the operator and shall
be by a bond or an alternate financial assurance. Financial assurance shall be payable to the
Department and released upon successful completion ofthe reclamation measures specified
in the reclamation plan. Alternate financial assurances may include, but are not limited to
cash, certificates of deposits, irrevocable letters of credit, irrevocable trusts, established
escrow accounts, or goverrunent securities. Any interest from the financial assurance shall
be paid to the operator. Certificates of deposit shall be automatically renewable or other
assurances shall be provided before the maturity date. Financial assurance arrangements may
include, at the discretion of the Department, a blend of different options for financial
assurance including a lien on the property on which the nonmetallic mining site occurs or a
combination of financial assurance methods.
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(e) Multiple Projects. Any operator who obtains a permit from the Departmentfor two (2)
or more nonmetallic mining sites may elect, at the time the second .or subsequentsite is
approved, to post a single financial assurance in lieu of separate financial. assurance
instruments for each nonmetallic mining site. When an operator elects to post a single
financial assurance in lieu ofseparate financial assurances for each mining site, no financial
assurances previously posted on individual mining sites shall be released until the new
financial assurance has been accepted by the Department.
(f) Certification of Completion and Release.
(I) The operator shall notify the Department, by filing a notice of completion, at the
time that he or she determines that reclamation of any portion of the mining site or
the entire site is complete. The· Department shall inspect the mine site or portion
thereof that was the subject of the notice of completion to determine if reclamation
has been carried out in accordance with the approved reclamation plan. The
Department may partially release the financial assurance if it determines that
compliance with a portion ofthe reclamation plan has been achieved and requires no
waiting period. After determining that reclamation is complete, the Department shall
issue a certificate of completion and shall release the financial assurance or
appropriately reduce the financial assurance in the case of reclamation of a portion
of the mining site.
(2) The Department shall make a determination of whether or not the certification
in 41.9-2(f)(1) can be made within sixty (60) days after the request is received.
(3) The Department may make a determination under this subsection that:
(A) Reclamation is not yet complete;
(B) It is not possible to assess whether reclamation is complete due to
weather conditions, snow cover or other relevant factors;
(C) Reclamation is complete in a part of the mine; or
(D) Reclamation is fully complete.
(g) Forfeiture. Financial assurance shall be forfeited if any of the following occur:
(l) A permit is revoked under 41.16 and the appeals process has been completed.
(2) An operator ceases mining operations and fails to reclaim the site in accordance
with the reclamation plan.
(h) Cancellation. Financial assurance shall provide that it may not be cancelled by the surety
or other holder or issuer except after not less than a ninety (90) day notice to the Department
in writing by registered or certified mail. Not less than thirty (30) days prior to the expiration
of the ninety (90) day notice of cancellation, the operator shall deliver to the Department a
replacement proof of financial assurance. In the absence of this replacement financial
assurance, all mining shall cease until the time it is delivered and in effect.
(i) Changing Methods of Financial Assurance. The operator of a nonmetallic mining site
may change from one method of financial assurance to another. This may not be done more
than once a year unless required by an adjustment imposed pursuant to 41.9-2(k). The
operator shall give the Department at least sixty (60) days notice prior to changing methods
of financial assurance and may not actually change methods without the written approval of
the Department.
G) Bankruptcy.Notification. The operator of a nonmetallic mining site shall notify the
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Department by certified mail ofthe commencement of voluntary or involuntary proceeding
under bankruptcy code, II USC, et seq., naming the operator as debtor, withinten (l 0)days
of commencement of the proceeding.
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(k) Adjustment ofFinancial Assurance. Financial assurance may be adjusted wbenrequired
by the Department, The Department may notify the operator In writing thatadjustment is
necessary and the reasons for it. The Department may adjust financial assurance based upon
prevailing or projected interest or inflation rates, or the latest cost estimates for reclamation.
41.9-3. The operator shall submit a legally binding commitmentto faithfully perform all compliance
and reclamation work at the mine site that.is required under this law.
41.10. Public Notice and Right of Hearing.
41.10-1. The Department shall, except as provided in 41.10-2, provide public notice for a public
hearing as set forth below:
(a) Public Notice.
(l) When the Department receives an application to issue a reclamation permit, it
shall publish a public notice of the application no later than thirty (30) days after
receipt of a complete application that satisfies 41.7-2.
(2) The notice shall briefly describe the mining and reclamation planned at the
nomnetallic mining site. The notice shall be published in the Kalihwisaks and shall
advise the following:
(A) The locations at which the public may review the application and all
supporting materials, including the reclamation plan.
(B) The time, place, whom, and manner in which views may be presented.
Said notice shall be published and posted for no less than ten (10) days prior
to the public hearing.
(3) Copies ofthe notice shall be forwarded by the Department to the owners ofland
within twelve hundred (1,200) feet of the boundaries ofthe parcel or parcels ofland
on which the site is located.
(b) Public Hearing. The Department shall provide interested persons a reasonable
opportunity to submit data, views, or arguments in writing in regards to an application for
a nomnetallic mining reclamation permit. It is the intent of this law that public hearings be
held in order to receive comment on the nature, feasibility and effects of the proposed
reclamation.
(l) Subsequent to the public comment period and prior to the Department's
recommendation to the Land Commission, the Department shall consider fully, all
oral and written comments concerning the proposed action.
(2) If a zoning-related public hearing is conducted on a proposed nonmetallic mine
site, the Department shall allow testimony on both the zoning-related and
reclamation-related matters. This opportunity shall fulfill the requirement for a
public hearing for a nomnetallic mining reclamation permit.
(3) The Department shall consider the reclamation-related testimony in the zoningrelated hearing in deciding on a permit application pursuant to this law.
41.10-2. Local Transportation-Related Mines. No public notice or informational hearing is required
for a nomnetallic miningreclamation permit issued to a local transportation-related mine pursuant
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to 41.10-1.
41.11. Alternative Requirements.
41.11-1. Scope ofAlternativeRequirements Approvable. An operatorofa nonmetallic miningsite
may request an alternative requirement to the reclamation standard established in 41.6, if the
following criteriaare met:
(a) The nonmetallic miningsite, thesurrounding property or the miningplan or reclamation
plan has a unique characteristic whichrequires an alternative requirement.
(b) Unnecessary hardshipwhich ispeculiarto the nonmetallic miningsite or planwillresult
unless the alternative requirement is approved.
(c) Reclamation in accordance with the proposed alternative requirement will achieve the
planned post-mining land use and long term site stability in a manner that will not cause
environmental pollution or threaten public health, safetyor welfare.
41.11-2. Procedures.
(a) The operator of a nonmetallic mining site requesting an alternate requirement shall
demonstrate all the criteriain 41.11-1. This shallbe submitted in writingto the Department.
(b) A request for an alternative requirement may be incorporated as part of an application
to issue or modifya nonmetallic miningreclamation permit.
41.11-3. Transmittal ofDecisionon Requestfor Alternate Requirement. The decisionon a request
for alternate reclamation requirements shall be in writing to the applicant and shall include
documentation of why the alternate requirement was or was not approved.
41.12. Permit Duration.
41.12-1. Anonmetallic miningreclamation permitissuedunderthis law shall lastthroughoperation
and reclamation of the nonmetallic mining site, unless suspended or revoked pursuantto 41.16.
41.12-2. Ifthe mineoperatoris not the landowner, the reclamation permitdurationshallnot exceed
the durationofthe minelease unlessthe leaseis renewed or the permitis transferred to a subsequent
lessee pursuant to 41.13.
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41.13. Permit Transfer.
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41.13-1. A nonmetallic mining reclamation permit issuedunder this law shall be transferred to a
new owneror operator upon satisfaction of the following conditions:
(a) The new permit holder submits to the Department proof of financial assurance and a
certification in writing that all conditions of the permit will be complied with.
(b) The new operator submits financial assurance and it has been accepted by the
Department and the Department makesa writtenfinding that all requirements of the permit
and reclamation plan will be compliedwith. The previous operatorshall maintainfinancial
assurance until the new operatorhas receivedapproval and providedthe financial assurance
under this section.
41.14. Review.
41.14-1. Before a permit and/or a plan can be approved or denied, the Department shall submit to
the Land Commission a written recommendation that the permit and/or plan be approved,
conditionally approved or denied.
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(a) The Land Commission shall respondto the Departmentby agreeing with, disagreeing
with, or remaining silent on the recommendationof the Department.
(b) Failure of the Land Commissionto act upon a recommendation within thirty (30)days
of the Department's recommendation shall be considered .an approval of the
recommendation.
41.14-2. Any decision or action made under this law may be reviewed as set forth in this section.
Any person may obtain a contested case hearing under the Tribe's administrative procedures act
provided that:
(a) A substantial interest ofthe person is injured in fact or threatened with injury by agency
action or inaction;
(b) There is no evidence of legislativeintent that the interest is not to be protected;
(c) The injuryto the person requesting a hearing is differentin kind or degree from injuryto
the general public caused by the agency action or inaction; and
(d) There is a dispute of material fact.
41.15. Permit Modification.
41.15-1. By Department. A nonmetallic mining reclamation permit issued under this law may be
modified by the Departmentif it finds that the nonmetallic mining site is no longer in compliance
with this law. Such modificationshall be by an order modifying the permit in accordance with this
section. This modifying order may require the operator to amend or submit new application
information, reclamation plan, proof of financial assurance or other information needed to ensure
compliance with this law.
41.15-2. At the Operator's Option. If an operatorholds a reclamationpermit issued under this law
and desires to modify such permit or reclamationplan approvedunder this law, it may request such
modification by submittinga written application to the Department. The application for permit or
plan modification shall be acted on using the standards and procedures of this law.
41.15-3. Required by the Operator. An operator that holds a reclamationpermit issued under this
law shall request a modificationof such permit if changes occur to the area to be mined, the nature
of the planned reclamation, or other aspects of mining required by the reclamation plan approved.
Such applicationfor permitmodificationshall be acted on using the standardsand procedures of this
law.
41.15-4. Review. All actions on permit modifications requested or initiated under this section are
subject to review under 41.14-2.
41.16. Permit Suspension or Revocation.
41.16-1. Grounds. The Department may suspend or revoke a nonmetallic mining reclamation
permit if it finds that the operator has done any ofthe following:
(a) Failed to submit a satisfactoryreclamation plan within the time frames specified in this
law.
(b) Failed to submit or maintain financial assurance as required by this law.
(c) Failed on a repetitive and significant basis to follow the approved reclamation plan.
41.16-2. Procedures. If the Department finds grounds for suspending or revoking a nonmetallic
mining reclamationpermit set forth in this section,it may issuean ordersuspendingor revokingsuch
permit as set forth in 41.23-2.
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41.16-3. Consequences.
(a) If the Departmentmakesany of the findings in 4l.l6-1,it may.suspenda nonmetallic
mining reclamation permit for up to thirty (30) days. During the time of SUSpypsj~n,the
operatormaynot conductnonmetallic miningat the site, e!'Septforreclam~ti0R- or measures
to protect human health and the environment, as orderedby the Department pursuant to
41.23-2.
(b) If the Department makes any of the findings in 41.16-1, it may revoke a nonmetallic
miningreclamationpermit. Uponpermitrevocation, the operator shall forfeit the financial
assurance it has provided to the Department. The Department may use forfeited financial
assuranceto reclaimthe site to the extentneededto complywiththis lawand the applicable
reclamation ordinance.
41.17. Annual Operator Reporting.
41.17-1. Contents and Deadline.
(a) Annual reports that satisfy the requirements of this section shall be submitted by the
operatorsof nonmetallic miningsites.
(1) Contents. The annual report required by this section shall include all of the
following:
(A) The name andmailing address of the operator.
(B) The locationofthe nonmetallic miningsite, including legaldescription,
tax key numberor parcel identification number if available.
(C) The identification number of the applicable nonmetallic mining permit,
if assigned by the Department.
(D) Theacreage currently affectedbynonmetallic miningextractionand not
yet reclaimed.
(E) The amountof acreagethat has been reclaimed to date, on a permanent
basis and the amount reclaimedon an interimbasis.
(F) A plan, map or diagram accurately showing the acreage described in
41.17-I(a)(1)(D) and (E).
(G) The following certification, signed by the operator: "I certify that this
information is true and accurate, and that the nonmetallic mining site
described herein complies with all conditionsof the applicable nonmetallic
mining permit."
(b) Deadline. The annualreport shall cover activities for a calendaryearand be submitted
within sixty (60) days following the end ofthe year.
(c) When Reporting May End. Annual reports shall be submitted by an operator for all
active and intermittent mining sites to the Department for each calendar year until
nonmetallic mining reclamation at the site is certifiedas complete pursuantto 41.20-3 or at
the time of release of financial assurance pursuant to 41.9-2(f).
41.17-2. The Department may, at its discretion, obtain the information required in 41.19-1 for a
calendaryear by written documentation of an inspectionit completesduring a calendar year, as set
forth in this subsection. If the Department obtains and documents the required information, the
annualreport need not be submitted by theoperator. If the Department determines that the operator
need not submit an aunual report pursuant to this section, it shall advise the operatorin writing at
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least thirty (30) days before the end of the applicable calendar year. In that case, the Department
shall require the operator to submit the certification required in 41.17-1 (a)(1)(G). .
41.17-3. Retention ofAnnual Reports. Annual reports submitted nnder this section or inspection
records that replace them nnder 41.17-2 shall be retained by the Department for at least ten (10) years
after the calendar year to which they apply.
41.18. Annual Fees.
41.18-1. Areas Subject to Fees, Procedures and Deadline. Operators of all nonmetallic mining sites
subject to reclamation permits issued nnder this law shall pay annual fees to the Department. Fees
paid under this section shall equal, as closely as possible, the costs of examination and approval on
nonmetallic mining reclamation plans and the inspection of nonmetallic mining sites.
41.18-2. Fees paid under this section shall be calculated based on the unreclaimed acres of a
nonmetallic mining site, as defined below:
(a) "Unreclaimed acre(s)" means those unreclaimed areas in which nonmetallic mining has
occurred and areas where nonmetallic mining reclamation has been completed but is not yet
certified as reclaimed under 41.9-2(f). However the term does not include any areas
described in 41.18-2(b).
(b) "Unreclaimed acre(s)" does not include:
(1) Those areas where reclamation has been completed and certified as reclaimed
under 41.20-3.
(2) Those areas previously affected by nonmetallic mining but which are not used
for nonmetallic mining.
(3) Those portions of nonmetallic mining sites which are included in an approved
nonmetallic mining reclamation plan but are not yet affected by nonmetallic mining.
(4) Areas previously mined but used later for a non-mining activity, such as
stockpiling of materials used for an industrial activity such as an asphalt plant,
concrete batch plant, block and tile operation or other industry that uses products
produced from nonmetallic mining.
(5) Those areas within a nonmetallic mining site which the Department has
determined to have been successfully reclaimed on an interim basis in accordance
with 41.20-2 and 41.20-3.
(6) Those areas not included in a nonmetallic mining site.
(c) Fees assessed pursuant to this section shall be based on unreclaimed acres at the end of
the year. Such fees apply to a calendar year or any part of a year in which nonmetallic
mining takes place, until final reclamation is certified as complete under 41.20. Fees shall
be paid no later than December 31sr for the subsequent year.
(d) For mines that submit a reclamation permit application under 41.7-2, the first year's
annual fee shall be based upon the unreclaimed acres which are anticipated at the end ofthat
calendar year.
(e) Ifreclamation has already occurred on portions ofa nonmetallic mining site, the fees for
such portions may be submitted with a request that they be held by the Department pending
certification of completed reclamation pursuant to 41.20-1. Upon such certification, the
Department shall refund that portion of the annual fee that applies to the reclaimed areas.
If the Department fails to make a determination under 41.20-1 within sixty (60) days ofthe
41-18
(
799
800
801
802
request, it shall refund that portion of the annual fee that applies to the reclaimed areas.
... .
.
'
Table 1:
Annual Fees Collected by the Department.
.
803
804
Mine Size in Unreclaimed Acres,
Rounded to the Nearest Whole Acre
Annual Fee
805
806
1 to 5 acres
[does not include mines < 1 acre]
$30
807
6 to 10 acres
$60
808
11 to 15 acres
$90
809
16 to 25 acres
$120
810
26 to 50 acres
$140
~1)
51 acres or larger
$150
lS12
813
814
815
816
817
818
819
820
821
822
823
824
.25
826
827
828
829
830
831
832
833
834
835
836
837
838
839
.
41.18-3. Reduced Fee for Inactive Mines. Any site on which no nonmetallic mining activity has
taken place in a calendaryear shall be assesseda reducedfee, determinedby the Department, for the
following calendar year.
41.18-4. Public Nonmetallic Mining. The armual fee requirements of this section do not apply to
nonmetallic mining conducted by the Tribe through its agencies or departments.
41.19. Regulatory Reporting and Documentation.
41.19-1. Reporting. The Departmentshallpreparea reportby March 31st of each calendaryear. The
reports shall include the following information for the previous year's nonmetallic mining
reclamation program:
(a) The total number of nonmetallic mining permits in effect.
(b) The number of new permits issued within the jurisdiction of the Department.
(c) The number of acres approved for nonmetallic mining and the number of acres newly
approved in the previous year.
(d) The number of acres being mined.
(e) The number ofacresthat have been reclaimedand have had financial assurancereleased
pursuant to 41.9-2(f).
(f) The numberofacresthat are reclaimedand awaitingrelease from the financial assurance
requirementsof this section pursuantto 41.20-4(b) and (c).
(g) The number and nature of alternative requirements granted, permit modifications,
violations,public hearings,enforcement actions,penaltiesthat have been assessedand bond
or financial assurance forfeitures.
4 l.l 9-2. Documentation. The Departmentshall,to the best ofits ability, maintain the information
set forth below:
(a) The proceduresemployedby the Departmentregardingreclamationplan review,and the
issuance and modification of permits.
(b) The methods for review of armual reports received from operators.
41-19
840
841
842
843
844
845
846
847
848
849
850
851
852
853
854
855
856
857
858
859
860
861
862
863
864
865
866
867
868
869
870
871
872
873
874
875
876
877
878
879
880
881
882
883
(c) The method and effectiveness of fee collection.
(d) Methods for conducting on-site compliance inspections and attendant reports.records
and enforcement actions.
(e) Responses to citizen complaints.
(t) The method of and accuracy in determining the amount of financial assurance obtained
from the operator to guarantee reclamation performance.
(g) The maintenance and availability of records.
(h) The number and type of approvals for approvals for alternative requirements issued
pursuantto 41.11.
(i) The method of determining the success of reclamation in meeting the criteria contained
in the reclamation plan and subsequently releasing the financial assurance pursuant to 41.9-
2(t)(1).
(j) Any changes in Tribal regulations, ordinances, funding and staffing mechanisms or any
other factor which might affect the ability of the Department to implement its nonmetallic
mining reclamation program under this law.
(k) The amount of fees collected in comparison to the amount ofmoney actually expended
for nonmetallic mining reclamation program administration.
41.20. Completed Reclamation-Reporting, Certification and Effect
41.20-1. Reporting. The operator of a nonmetallic mining site may certify completion of
reclamation for a portion or all of the nonmetallic mining site pursuant to a reclamation plan
prepared and approved pursuant to this law.
41.20-2. Reporting ofInterim Reclamation. The operator of a nomnetallic mining site may report
completion of interim reclamation as specified in the reclamation plan for the site prepared and
approved pursuant to this law. Reporting of interim reclamation shall be done according to the
. procedures in 41.20-1.
.
41.20-3. Certification of Completed Reclamation. The Department shall inspect a nomnetallic
mining site for which reporting of reclamation or interim reclamation has been submitted pursuant
to this subsection within sixty (60) days of receipt, and make a determination in writing in
accordance with 41.9-2(t)(3). If it is determined that interim or final reclamation is complete,
including revegetation as specified in a reclamation plan that conforms with 41.8, the Department
shall issue the mine operator a written certificate of completion.
41.20-4. Effect of Completed Reclamation. If reclamation is certified by the Department as
complete under 41.20-3 for part or all of a nomnetallic mining site, then:
(a) No fee shall be assessed under 41.18 for the area so certified.
(b) The financial assurance required by 41.9 shall be released or appropriately reduced in the
case of completion of reclamation for a portion of the mining site.
(c) For sites which are reported as interim reclaimed under 41.20-2 and so certified under
41.20-3, financial assurance for reclaiming the certified area shall be reduced.
41.20-5. Effect ofInaction Following Report ofCompleted Reclamation. Ifno written response as
required by 41.20-3 for an area of the mine site reported as reclaimed or interim reclaimed is given
within sixty (60) days of receiving such request, any annual fee paid to the Department for it under
41.18 shall be refunded.
41-20
884
885
886
887
888
889
890
891
892
893
894
895
896
897
898
°99
41.21. Permit Termination.
41.21-1. When all final reclamation required bya reclamationplan conforming to 41.8 and required
by this law is certified as completepursuantto 41.9-2(f) and 41.20-3, the Departmentshallissue a
writtenstatement to the operatorof the nonmetallic mining site, therebyterminating the reclamation
permit.
41.22. Right of Entry and Inspection.
41.22-1. For the purpose ofascertaining compliance with the provisionsof this law,any authorized
officer, agent, employee or representative of the Department may inspect any nonmetallic mining
site subject to this law as provided below:
(a) Any person who enters the site under this right of inspection shall obtain training and
providetheir own safetyequipment neededto complywith anyapplicable lawsorregulations
controlling persons on the nonmetallic mining site.
(b) No person mayrefuseentryor accessonto a nonmetallicminingsite of a duly authorized
officer,employeeor agentof the Departmentwho presents appropriate credentialsto inspect
the site for compliance with the nonmetallic mining reclamation permit or this law.
/Jo
901
902
903
904
905
906
907
908
909
910
911
912
'13
'::J 14
915
916
917
918
919
920
921
922
923
41.23. Violations.
41.23-1. Warnings. The Departmentshall issue a warning to an operatoror owner before issuing
an order or a citation if a violation is committedunder this Law, including:
(a) Refusing entry or access onto a nonmetallic mining site
(b) Activitythat violatesthe approved plan unless the owner or operatorimmediatelyceases
the activity.
41.23-2. Orders. If an operatoror owner continuesto violate this Law after the Department issues
a waming, the Department may issue an orderrequiring the operator or owner to comply with this
Law.
(a) An order may suspend or revoke a nonmetallic mining reclamationpermit pursuant to
41.16, or direct an operator to immediately cease an activity regulated under this law.
(b) Anyperson who violatesan orderissued under this sectionmaybe requiredto forfeit not .
less than $25 nor more than $5,000 for each violation. Each day of continued violation is
a separateoffense. Whilean orderissuedunderthis section is suspended, stayedor enjoined,
this penalty does not accrue.
41.23-3. Citations. The Department, or designee, may issue a citationto collectfinesto enforce this
law, a permit issued pursuant to this law or a reclamation plan approved under this law. The
issuanceofa citation under this subsection shall not preclude proceedingunder any other ordinance
or law relating to the same or anyothermatter. Proceedingunder anyother ordinanceor law relating
to the same or any other matter shall not preclude the issuance of a citation under this subsection.
41.23-4. Appeals. A person who is subjectto a citation issued pursuantto this section shall have
sixty (60) days to either appeal the citationto the Land Commission for review or pay the fine.
~£~
'7'
d.--:-;-=EnT'
926
AdoptedBC-
-,-
_
41-21
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.