Mineral Resources

1
Mineral Resources

• Tonights presentation will cover 3 areas
• Regulation (detail in handout)
• Current Issues
• Planning Issues

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

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)

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.

5
Zoning Permitting Process (continued)

• 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.

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.

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

8
Dane County Mineral Extraction Sites, 2002
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.

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

11
NR135/Chapter 74Brief 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

12
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 years annual fee (prorated)

13
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.

14
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.

15
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 geologists statement that
  the site contains marketable deposits of minerals.

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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.

17
Current Issues
18
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

19
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.

20
Why cant it be somewhere else?

• Unlike many other land uses, mineral extraction
  operations must occur where the deposit is
  located.

21
Planning Issues
22
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

23
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.

24
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)
• Publics 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.

25
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.

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Planning Issues

• Consequences 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

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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

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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