Dane County Frac-Sand Mining News

 

 We study where mines are being attempted in Dane County.  As of this editing, we are aware of 5 towns having been in various stages of considering, voting against, and developing ordinances regarding sand mining overtures made to them by sand mining companies. We are continuing to get details on several towns and will update this page as news is confirmed. Not many citizens know this is happening in Dane County, but we are observing closely and are following up on information as it comes to us. If you know of possible mining activity, no matter what stage in the process, please email or call us. Mining activity often emerges without many in the localities knowing it is about to happen. Citizens get taken by surprise and are not prepared to deal with the challenges living near a mine presents. The sooner the town citizens are aware of the possibility of land purchase or permit-seeking by a mining company, the better they can develop ways to be sure they can prepare for many years of mining and its consequences to their communities. Please select the link below to discover Dane County Frac-Sand Mining News. We are currently researching three other Dane County towns where we hear there is potential activity.

1.TOWN OF BERRY  voted against permitting sand-mining operation by Wisconsin Industrial Sands Corp.  aka: Fairmount Minerals, Inc. 

 Town of Berry also updated its ordinances regarding Sand-Mining.  in 2013.  (more details soon) 

News Beat for Town of Berry and Dane County:

1. Wisconsin State Journal report:  January 24, 2012 8:00 am  

"Company Proposed to Build Big Sand Mine in Dane County" 

 2. Badger Herald Report:  

"Controversial Sand Mine Proposed for Dane County"

  

2.TOWN OF PRIMROSE PASSES MORATORIUM ON NON-METALLIC MINING OPERATIONS

Note: Supposed end- date of Moratorium was in June 4 of 2013.

 Follow-up on the Moratorium outcome and searching for next steps regarding the mining issue in Primrose

PRIMROSE MORATORIUM DOCUMENT TEXT:

State of Wisconsin

Town of PRIMROSE,

DANE, County

SECTION 1—TITLE AND PURPOSE
The title of ordinance 2012-002 is the TOWN OF PRIMROSE Ordinance to Impose a
Moratorium on the Expansion of Existing and Creation of New Nonmetallic Mining
Operations Within the Town of Primrose, Dane County Pending the Study of Possible
Legislative Action.

The purpose of this moratorium is to allow the Town of Primrose, Dane County adequate
time to study the possible impacts that nonmetallic mining operations and processing plants
related to nonmetallic mining may have on the health, safety, and welfare of the residents of the
Town of Primrose, Dane County including air quality and water quality concerns; potential
impact to the infrastructure of the town, property values, and the local economy; to allow the
Town and town residents the opportunity to consider enacting zoning or other regulatory
ordinances; to determine the advisability of amending the Town Comprehensive Plan; and to
review and consider amending or adopting other police powers, licensing ordinances or zoning
ordinances so as to effectively regulate nonmetallic mining operations and related processing
plants.

SECTION 2---AUTHORITY
The town board has the specific authority granted under the village powers of the town
board pursuant to Sec. 60.10 (2)(c), 60.22 of Wis. Statutes and pursuant to Sec. 60.23, 60.61, and
60.62 of Wis. Statutes.

SECTION 3----ADOPTION
This ordinance adopted by a majority vote of the town board on roll call vote with a
quorum present and voting and proper notice having been given, provides for the imposition of a
moratorium on the expansion of existing or creation of new nonmetallic mining operations
within the Town of Primrose, Dane County.

SECTION 4----DEFINITIONS
(1) “Nonmetallic minerals” means a product, commodity or material consisting
principally of naturally occurring, organic, inorganic, nonmetallic, non-renewable
material. Nonmetallic minerals include but are not limited to stone, rock, sand,
gravel, asbestos, beryl, diamond, clay, coal, feldspar, peat and talc.
(2) “Nonmetallic mining” means any of the following:
a. Extraction from the earth of mineral aggregates or nonmetallic minerals for
off-site use or sale, including drilling and blasting as well as associated
activities such as excavation, grading, and dredging of such materials.
b. Manufacturing or processing operation that may involve the use of equipment
for the crushing, screening, separation, or blending of the mineral aggregates
or nonmetallic minerals obtained by extraction from the mining site or with
minerals transferred from off-site. 2
c. Manufacturing processes aimed at producing nonmetallic products for sale or
use by the operator.
d. Stockpiling of nonmetallic products for sale or use of off-site and stockpiling
of waste materials.
e. Transport of extracted nonmetallic materials, finished products or waste
materials to or from the extraction site.
f. Disposal of waste materials as defined in this ordinance.
g. Reclamation of extraction sites.
(3) “Waste material” means the non-marketable by-product that results directly from or
is displaced by extraction or that is by-product of a manufacturing process that is
schedule for disposal at the extraction site of a nonmetallic mine site or processing
operation. Or some other site as part of a reclamation plan.
(4) A “mine site” or “site” means land from which mineral aggregates or nonmetallic
minerals will be extracted for sale or use by the land owner or any agent of the land
owner, including all land on which is or will be located any structures, equipment,
storage facilities, washing or screening facilities, private roads or haulage ways
associated with nonmetallic mining operations; and all contiguous lands to the
nonmetallic operation under common ownership or control of the owner or his/her
agent.

SECTION 5---MORATORIUM IMPOSED
The Town Board of the Town of Primrose, Dane County hereby prohibits the expansion
of any existing nonmetallic mining operation or related processing plant beyond its physical
dimensions as of the date of the adoption of this Ordinance, and further prohibits the creation of
any new nonmetallic mining operation or related processing plant in the Town during the
pendency of this moratorium. For purposes of this Ordinance, the term “physical dimensions”
shall refer to the external footprint of the existing mine site, quarry, pit, or other excavation area
within which nonmetallic mining or processing operations are occurring as of the date of this
Ordinance. Further, there is hereby established a temporary stay on the acceptance, review, and
approval by Town officials, staff, consultants of any applications of any permits for nonmetallic
mining operations after the effective date of this Ordinance until the effective period of the
moratorium expires.

SECTION 6---DURATION OF MORATORIUM
This Ordinance shall be effective for the period of not longer than One Year following
the date of adoption of this ordinance by the town board, unless rescinded by town board action
sooner.

SECTION 7---ACTION AND STUDY DURING MORATORIUM
During the moratorium imposed by this ordinance the Town Plan Commission shall study
and analyze the impact of nonmetallic mining and shall make its final recommendations to the
Town Board by January 15, 2013.
The Plan Commission shall be charged with respect to research of the issues associated
with nonmetallic mining operations and making recommendations to the Town Board regarding
regulatory and police powers necessary to responsibly manage new, existing or proposed
nonmetallic mining operations. Issues under consideration by the Plan Commission shall
include, but are not limited to, possible regulatory structures including zoning, licensing, and
blasting ordinances, and developers agreements; health concerns; environmental impacts; 3
impacts on town infrastructure; impacts on the local economy and financial considerations for
the town. The Plan Commission shall make reports to the Town Board as directed by the Town
Board.

SECTION 8---SEVERABILITY CLAUSE
If any provision of this Ordinance or its application to any person or circumstance is held
invalid, the invalidity does not affect other provisions or applications of this Ordinance that can
be given effect without the invalid provision or application, and to this end the provisions of this
Ordinance are severable.

SECTION 9---PENALTY PROVISION
Any person, partnership, corporation, or other legal entity that fails to comply with the
provisions of this Ordinance shall, upon citation, pay a forfeiture of not less than $100,000.00
plus the applicable surcharges, assessments, and costs for each violation. Each day a violation
exists or continues constitutes a separate offense under this ordinance and carries a fine of $5,000
per day until in compliance. In addition, the Town Board may seek injunctive relief from a court
of record to enjoin further violations.

SECTION 10----EFFECTIVE DATE
The ordinance is effective on publication.
The town clerk shall properly publish this ordinance as required under Sec. 60.80 (2) of
Wis. Statutes as a Class I Notice in a newspaper.

Adopted this 4th day of June, 2012.

Signatures of Town Board:

__________________________________
Dale Judd, Chairperson

__________________________________
David Garfoot, Supervisor

__________________________________
Attest: Alex Elkins, Supervisor

By: _________________________
Jamie Baker, Clerk

 

3. Town of Perry


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