Mineral Resources. Tonight s presentation will cover 3 areas: 1. Regulation (detail in handout) 2. Current Issues 3.

Transcription

1 Mineral Resources Tonight s presentation will cover 3 areas: 1. Regulation (detail in handout) 2. Current Issues 3. Planning Issues Dane County, 4/04 1

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 2

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 3

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 4

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. Dane County, 4/04 5

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 6

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, Mineral Resource Protection as a Priority in the Dane County Comprehensive Plan Dane County, 4/04 7

8 Dane County Mineral Extraction Sites, 2002 Dane County, 4/04 8

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 9

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 Dane County, 4/04 10

11 NR135/Chapter 74: Brief History At State: Many years in the making. See DNR website: At Dane County: Subcommittee of ZNR Based on DNR model ordinance ( long form ) Chapter 74 adopted by County Board in August of Reclamation plans reviewed by Zoning and Land Conservation staff Dane County, 4/04 11

12 Reclamation -Existing Sites: Process: Automatic Permit was due August 1, Promise to provide a reclamation plan within 3 years. All are due July 31, Provide financial assurance by July 31, Pay first year s annual fee (prorated) Dane County, 4/04 12

13 Reclamation - New Sites: New sites Sites that begin operations after August 1, 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 Dane County, 4/04 13

14 Important Definitions: Existing Mine means a nonmetallic mine where nonmetallic mining takes place after August 1, 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 It does not include those areas previously affected by nonmetallic mining but which are not used for nonmetallic mining after Aug. 1, Dane County, 4/04 14

15 Sub VI of NR135: What does it say? Since 1994, an owner of a marketable deposit of minerals under NR 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. Dane County, 4/04 15

16 How does it work? Sub VI of NR135: 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. Dane County, 4/04 16

17 Current Issues Dane County, 4/04 17

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 Dane County, 4/04 18

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. Dane County, 4/04 19

20 Why can t it be somewhere else? Unlike many other land uses, mineral extraction operations must occur where the deposit is located. Dane County, 4/04 20

21 Planning Issues Dane County, 4/04 21

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 Dane County, 4/04 22

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. Dane County, 4/04 23

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) 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. Dane County, 4/04 24

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. Dane County, 4/04 25

26 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 Dane County, 4/04 26

27 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, Dane County, 4/04 27

28 Handouts from Pam: Summary titled Mineral Extraction Operations Resolution No. 9, Copy of this Power Point presentation Article: Mineral Resources Management Programs and the Construction Aggregate Industry by Anthony Bauer Dane County, 4/04 28