Dane County, 4/041 Mineral Resources Tonight’s presentation will cover 3 areas: 1.Regulation...

Dane County, 4/04 1

Mineral Resources

• Tonight’s presentation will cover 3 areas:

1. Regulation (detail in handout)2. Current Issues3. Planning Issues

Dane County, 4/04 2

Regulations Affecting Mineral Extraction

Operations:• Dane County Code of Ordinances

(DCCO):– Chapter 10: Zoning– Chapter 12: Fees– Chapter 14: Erosion Control/Stormwater– Chapter 74: Reclamation

Dane County, 4/04 3

Regulations Affecting Mineral Extraction

Operations:• State

– Comm7 (DOC) – Blasting– NR135 (DNR) – Nonmetallic Mining

Reclamation– NR340 (DNR) – Nonmetallic Mining &

Reclamation Associated with Navigable Waterways and Adjacent Areas

– NR415 (DNR) – Control of Particulate Emissions (aka dust control)

Dane County, 4/04 4

Zoning – Permitting Process:

• To begin or expand a mineral extraction operation, the operator must apply for and receive a conditional use permit (CUP). Mineral extraction operations are conditional uses in the A-1, A-1 Exclusive, A-2, A-3, C-2, and M-1 districts.

Dane County, 4/04 5

• Process – decisions on conditional uses do not go on to the County Board. Instead, the decision rests with the Zoning & Natural Resources Committee (ZNR). Town input is provided via the Town Action Report. The recommendations and findings of the town are advisory to the ZNR.

Zoning – Permitting Process (continued):

Dane County, 4/04 6

Zoning – Permitting Process (continued):

• The zoning ordinance (Chapter 10 DCCO) contains procedures and standards of operation.

• It also contains standards that the ZNR must consider in granting a conditional use permit (CUP).

• The ZNR must also consider additional factors when approving a CUP in the A1-EX zoning district.

• Conditions, usually a combination from the town, operator and county, are attached to CUPs.

Dane County, 4/04 7

Dane County Mineral Extraction Committees:

There have been two ZNR subcommittees on mineral extraction:

• The first focused on adopting the state required reclamation ordinance (NR135)

• The second was asked to improve the process of siting mineral extraction operations. They broke the task into standards and process. An ordinance amendment is pending.

• Drafted and passed Res. 9, 03-04 Mineral Resource Protection as a Priority in the Dane County Comprehensive Plan

Dane County, 4/04 8

Dane County – Mineral Extraction Sites, 2002

Dane County, 4/04 9

Non-Conforming (NC) Sites:

• What does NC status mean?– Exempt from Chapter 10 (Zoning) only,

not Chapters 14 or 74.

• History - opportunity back in 1969 to register sites

• Rule of activity required to take place within 12 month period does not apply to NC mineral extraction sites.

Dane County, 4/04 10

Non-Conforming (NC) Sites (continued):

• County program not to be confused with registration found in NR135 (state rule)

• NC status is void when property is rezoned or when property owner fills out a form to relinquish NC status


NR135/Chapter 74:Brief History

• At State:– Many years in the making. See DNR website: www.dnr.state.wi.us/org/aw/wm/mining/nonmet.htm

• At Dane County:– Subcommittee of ZNR– Based on DNR model ordinance (“long form”)– Chapter 74 adopted by County Board in August of

2001.

• Reclamation plans reviewed by Zoning and Land Conservation staff


Reclamation -Existing Sites:

• Process:– Automatic Permit was due August 1,

2001.– Promise to provide a reclamation plan

within 3 years. All are due July 31, 2004.– Provide financial assurance by July 31,

2004.– Pay first year’s annual fee (prorated)


Reclamation - New Sites:

• New sites– Sites that begin operations after August

1, 2001.– Must submit reclamation plan up front.– Pay one-time plan review fee.– Financial assurance due “by the date

and in the amount specified in the reclamation permit issued to the operator under this chapter”. See 74.143.


Important Definitions:• Existing Mine “means a nonmetallic mine

where nonmetallic mining takes place after August 1, 2001”.

• Unreclaimed Acre(s) means those unreclaimed areas in which nonmetallic mining has occurred after August 1, 2001 and areas where nonmetallic mining reclamation has been completed but not yet certified as reclaimed under s. 74.293”. It does not include those areas previously affected by nonmetallic mining but which are not used for nonmetallic mining after Aug. 1, 2001.


Sub VI of NR135:

• What does it say?– Since 1994, an owner of a marketable

deposit of minerals under NR135.53-64 could register that site with the Dane County Register of Deeds, with Dane County Zoning, and with the municipality in which the deposit is located. Registration must be accompanied by a geologist’s statement that the site contains marketable deposits of minerals.


Sub VI of NR135:• How does it work?

– Once registered, the site may not receive a building permit or zoning change which would permanently interfere with a potential mineral extraction operation.

– There are exceptions, but generally, the municipality and County should note the location of the mineral deposit on their official maps. The registration lasts for 10 years with a chance of renewal for another 10 years.


Current Issues


Common public concerns related to mineral extraction:

• Dust• Noise• Blasting• Water quality• Toxic substances• Truck traffic• Fuel spills• Safety

• Aesthetics• Property values• Future use• Hours of

operation• Enforcement• Reclamation


LULU!Locally Unwanted Land Use

• A facility or land use that are needed but objectionable to many of its neighbors

• Public opposition has similar motivations across various types of LULUs – fear of decline of property values, traffic congestion, noise and air pollution, and health & safety issues.


Why can’t it be somewhere else?• Unlike many other land uses, mineral extraction

operations must occur where the deposit is located.


Planning Issues


Planning“Governments regulate the process of

extracting the resource but are less willing to protect the resources from encroachment by the very development that cannot occur without access to aggregates”

-Anthony Bauer


Planning• Very few plans address mineral

resources and those that do often limit to coverage to identifying existing mineral extraction sites.

• Mineral extraction operations should be recognized as transitional land uses. They will permanently change the landscape, but not the land use.


Planning Issues• Dane county drives the demand, but rejects

the land use.

• Increasing residential development in rural areas increases land use conflict (real or perceived)

• Public’s negative image of the industry based on past or present poor practices

• Short term incremental land use decisions can result in building over most valuable resources in the county.


Planning Issues• Difficulty in siting mineral extraction

operations:

– Makes NC sites ever more desirable – increased use of these sites further drives negative reaction to mineral extraction operations in general – destructive loop

– Drives up cost of material, which in turn drives up costs of construction of all kinds including housing, agriculture, and infrastructure improvements.


Planning IssuesConsequences of siting source of material

farther from the market:

• Increased cost per ton

• Greater wear on roads

• Increased emissions

• Ethical question of siting unwanted land uses outside of Dane County


Planning Issues• Recognize need for aggregate

• Preserve mineral resource

• Avoid dependence on imported aggregates

• Strive for high quality operations

• Recognize mineral extraction as a temporary land use.

• Recognize economic development impacts

• Dane county needs more in depth planning for mineral resources as described in Res. 9, 03-04


Handouts from Pam:

• Summary titled “Mineral Extraction Operations”

• Resolution No. 9, 2003-2004

• Copy of this Power Point presentation

• Article: “Mineral Resources Management Programs and the Construction Aggregate Industry” by Anthony Bauer

Dane County, 4/041 Mineral Resources Tonight’s presentation will cover 3 areas: 1.Regulation...

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