LA CROSSE COUNTY BOARD PROCEEDIN

The La Crosse County Board of Supervisors Monthly Meeting was held on June 21, 2007 in the Administrative Center, Room B410. Chair Doyle called the meeting to order at 6:00 p.m. The County Clerk, Marion I. Naegle, took attendance. All supervisors were present except as noted:

DISTRICT - NAME		DISTRICT – NAME

1	Richmond, Andrea	19	Keil, Robert
2	Geary Jr., Ralph	20	Bina, Donald
3	Belzer, Keith – Present at 6:20 p.m.	21	Hanson, J. Terry
4	Johnson, Jai	22	Ebert, Ray A.
5	Gamroth, Jacie – Present at 6:14 p.m.	23	Kapanke, Brian
6	Billings, Jill	24	Pfaff, Leon
7	Plesha, Roger	25	Schroeder, Jeffrey
8	Freedland, Maureen	26	Burke, Vicki
9	Hampson, Sharon – Present at 6:04 p.m.	27	Hammes, George
10	Wood, Margaret – Present at 6:30 p.m.	28	Doyle, Steve
11	Gillett, Jason – Excused	29	Pfaff, Brad
12	Ehrsam, James	30	Spiker, Charles
13	Maney, Bernard	31	Fisher, Ann – Excused
14	Medinger, John D.	32	Schippers, Patrick
15	Montgomery, Lyell	33	Berns, Jim – Present at 6:05 p.m.
16	Sebranek, Gerald	34	Rauk, Tom
17	Meyer, Donald	35	Bilskemper, Joe
18	Johnson, Tara

· HIGHWAY CONFERENCE – Supervisor Schroeder reported there was discussion on the roll of the County Highway system and how it affects tourism.

Schroeder recommended that when there is a “Day in the Capitol” we go down with one subject so the legislators can prepare better.

· HIGHWAY CONFERENCE – Supervisor L. Pfaff also attended the Highway Conference and reported that the big issue coming out of the meeting was for the Governor to keep his hands off the highway funds. 98,000 pound weight limit on roads was also a big issue. Also spoke to soy bio-diesel - La Crosse County got a compliment for being a leader in soy bio-diesel. Also noted that he saw the equipment rodeo.

· WISCONSIN PUBLIC HEALTH ASSOCIATION ANNUAL MEETING – Supervisor Hampson went to the annual meeting of the Wisconsin Public Health Association and the Wisconsin Association of Local Health Departments and Boards. There was a good article in the WCA magazine on the disposal of medications. We are unique and have a much better system. There was a 2^nd conference in California on Clearing the Air on the effects of 2^nd hand smoke. Right now more than 56% of Americans are protected by indoor clean air laws. The science is in that 2^nd hand smoke is as dangerous as smoking. The Institute of Medicine is coming out with a report called “Ending the Tobacco Problem – A Blueprint for the Nation”. Their top recommendations are:

Hampson spoke about cigarette butts as little toxic waste dumps which also pollute the water. The State of California has saved more than $1 billion dollars since their smoke free laws were passed and have seen a significant drop in lung cancer.

o LA CROSSE COUNTY INTERSTATE FAIR – Supervisor Bina passed a brochure around on the La Crosse County 117^th Interstate Fair. There are 1,250 exhibitors this year; the fair dates are July 11-15, 2007.

o WCA CONFERENCE – Reminder to sign up for the Wisconsin Counties Association Conference by August 17^th in the County Board Chair’s office.

o COUNTY BOARD PICNIC – The picnic will follow the July 19^th meeting. Everyone is encouraged to attend. Supervisors Sebranek, Benrud and Plesha are putting it together. The catered picnic will include barbecue chicken with many sides. A sign up sheet was passed around. They are trying to keep the cost under $8.00 per person, and are still looking for volunteers to help.

o COUNTY BOARD RETREAT EVALUATION – Only five supervisors have turned in an evaluation sheet on the County Board retreat. Please fill one out and return it to the County Clerk following the meeting.

o LEGISLATIVE COMMITTEE – Looking for members for the Legislative Committee. Sign up with the County Board Chair or his secretary. The Committee will determine the day and time they will meet.

o CAMPUS PLAN COMMITTEE – This committee still needs more members. Supervisor Meyer will chair the Committee, which will meet monthly starting in the Fall. The members will set their day and time also.

· CORPORATION COUNSEL REPORT - SUPREME COURT STANDARD RE AGENDA ITEMS – The Wisconsin Supreme Court has adopted a reasonable standard for noticing items on agendas. Each supervisor has a personal liability when it comes to meetings and what is on the agenda and what is discussed. The Supreme Court case “State ex rel. Buswell v. Tomah Area School District” relates to the degree of specificity regarding open meetings law. These should be looked at case by case or item by item as to what is reasonable. There are three main factors:

The bottom line is to look at notices more carefully and make sure we inform the public to the best of our ability. There are penalties – attorney fees and forfeiture. If in doubt, contact the Corporation Counsel office. Discussion ensued.

ACKNOWLEDGEMENTS – La Crosse County will be sponsoring the WCA Conferences in 2009 and 2012.

Reappointment of Don Bina, Chris Sander and Richard Running to the Transportation Coordinating Committee for a three-year term to expire June 30, 2010.

Motion by Doyle/Schroeder to approve the 3 appointments as presented passed on a unanimous voice vote with 2 excused – Gillette and Fisher.

Motion by Plesha/Schippers to approve by consent agenda the minutes of the County Board of Supervisors Monthly Meeting held May 17, 2007 and the Special Meeting held May 30, 2007, and the Claims List for $11,336,253.16 passed on a unanimous voice vote with 2 excused - Gillett and Fisher.

CONDITIONAL USE PERMIT NO. 748 FILED BY JOHN AND DAWN MACEWEN TO MODIFY THE PROVISIONS OF EXISTING CONDITIONAL USE PERMIT NO. 416 IN THE TOWN OF MEDARY

The La Crosse County Planning, Resources and Development Committee, having considered the application filed by: John and Dawn Macewen W5860 County Rd OA Onalaska WI 54650 and having held a hearing on the 4^th day of June, 2007 on an application for a Conditional Use Permit to modify the provisions of existing Conditional Use Permit No. 416 on land that is zoned Agricultural District “A” in the Town of Medary on land described as follows: Described as: Lot 2 of Certified Survey Map No. 80 in Volume 12, Tax Parcel 9-72-4. Town of Medary. And pursuant to s. 59.69 Wis. Stats. and s. 17.36 Zoning Code: the Committee did publish and receive proof of a Class II notice of the hearing; did receive receipts of mailing of the notices to the affected Town Clerk(s); did hold a public hearing to hear testimony or correspondence from the people; and, did receive and consider action from the affected Town Board(s). The Committee and the affected Town Board(s), under s. 17.36(4), have the authority to approve the application with integral conditions or to disapprove of the application. Having considered the entire record the Committee’s recommendation is to: By unanimous vote, the Committee recommends approving replacement of the existing conditions on this Conditional Use Permit with the following 5 conditions:

The County Board took the following action this 21^st day of June, 2007: Approved subject to conditions as outlined.

Motion by Hammes/Meyer to approve subject to conditions as recommended by the Committee passed on a unanimous voice vote with 2 excused - Gillett and Fisher.

CONDITIONAL USE PERMIT NO. 749 FILED BY THE POTATO KING INC. TO REMOVE BORROW MATERIALS FROM A SITE ZONED AGRICULTURAL DISTRICT “A” WITH A CONDITIONAL USE PERMIT FOR COMMERCIAL PRODUCE EXPANSION IN THE TOWN OF SHELBY

1) The La Crosse County Planning, Resources and Development Committee, having considered the application filed by: The Potato King Inc. N1078 Justin Road La Crosse WI 54601 and having held a public hearing on the 4^th day of June, 2007 on an application for a Conditional Use Permit to remove approximately 2,200 to 2,500 cubic yards of borrow materials from a site zoned Agricultural District “A” with a Conditional Use Permit for commercial produce expansion on land that is zoned Agricultural District “A” in the Town of Shelby on land described as follows: Described as: Part of the N½-SE of Section 23, T 15 N, R 7 W described in tax parcel No. 11-1789-0. Town of Shelby. And pursuant to s. 59.69 Wis. Stats. and s. 17.36 Zoning Code: the Committee did publish and receive proof of a Class II notice of the hearing; did receive receipts of mailing of the notices to the affected Town Clerk(s); did hold a public hearing to hear testimony or correspondence from the people; and, did receive and consider action from the affected Town Board(s). The Committee and the affected Town Board(s), under s. 17.36(4), have the authority to approve the application with integral conditions or to disapprove of the application. Having considered the entire record the Committee’s recommendation is to: By unanimous vote the Committee recommended approval of this Conditional Use Permit subject to 7 conditions: Permit granted to remove approximately 2500 cubic yards of stockpiled borrow material.

2) Potato King is responsible for compliance with Chapter 21 of the County Code of Ordinances for an approved erosion control plan. No borrow can be removed until a plan has been approved.

3) Absolutely no tracking of materials on roadway. No materials may be removed on rainy days.

4) Hours of operation: 8 am to 5 pm, Monday through Friday. No weekends or holidays.

The County Board took the following action this a 21^st day of June, 2007: Approved subject to conditions as outlined.

Motion by Hammes/T. Johnson to approve subject to conditions as recommended by the Committee passed on a unanimous voice vote with 2 excused - Gillett and Fisher.

CONDITIONAL USE PERMIT NO. 751 FILED BY RICHARD S. AND MARGARET JOHNSON TO OPERATE AN AFTER-THE-FACT TERRAZZO FLOORING BUSINESS WITH CONTRACTORS STORAGE YARD IN THE TOWN OF FARMINGTON

The La Crosse County Planning, Resources and Development Committee, having considered the application filed by: Richard S. and Margaret Johnson W5716 Stumlin Road Holmen WI 54636 and having held a public hearing on the 4^th day of June, 2007 on an application for a Conditional Use Permit to operate an after-the-fact terrazzo flooring business with contractors storage yard on a 20.00-acre parcel on land that is zoned Agricultural District “A” in the Town of Farmington on land described as follows: Described as: The E½-NE of Section 10, T 18 N, R 7 W together with an easement access. Town of Farmington. And pursuant to s. 59.69 Wis. Stats. and s. 17.36 Zoning Code: the Committee did publish and receive proof of a Class II notice of the hearing; did receive receipts of mailing of the notices to the affected Town Clerk(s); did hold a public hearing to hear testimony or correspondence from the people; and, did receive and consider action from the affected Town Board(s). The Committee and the affected Town Board(s), under s. 17.36(4), have the authority to approve the application with integral conditions or to disapprove of the application. Having considered the entire record the Committee’s recommendation is to: By unanimous vote, the Committee recommends approval of this Conditional Use Permit subject to the following 7 conditions:

1) Permit allowed for Johnson Terrazzo Inc to operate a terrazzo flooring business only.

2) Permit allows business equipment to be stored in an existing 20-ft x 30-ft outbuilding.

3) Permit allows one enclosed trailer to be used for the business to be stored in the

4) A commercial dumpster must be utilized for disposal of any waste materials generated by the business and disposed of from this site.

5) This permit allows for a maximum of 3 employees other than Richard and Margaret Johnson.

The County Board took the following action this 21^st day of June, 2007: Approved subject to conditions as outlined.

Motion by Hammes/L. Pfaff to approve subject to conditions as recommended by the Committee passed on a unanimous voice vote with 2 excused - Gillett and Fisher.

CONDITIONAL USE PERMIT NO. 714 FILED BY JEFF BLUSKE, DIRECTOR AND CHAD VANDENLANGENBERG, GIS SPECIALIST/ENFORCEMENT OFFICER OF THE LA CROSSE COUNTY ZONING , PLANNING AND LAND INFORMATION DEPARTMENT TO REVOKE CONDITIONAL USE PERMIT NO. 714 ISSUED TO DANIEL MARINI, ALSO KNOWN AS COMPLETE SALVAGE SERVICE INC. FOR FAILURE TO COMPLY WITH A MAJORITY OF THE CONDITIONS PLACED ON THEIR JUNK AND SALVAGE BUSINESS IN THE TOWN OF FARMINGTON

The La Crosse County Planning, Resources and Development Committee, having considered the application filed by: Jeff Bluske, Director, and Chad Vandenlangenberg, GIS Specialist/Enforcement Officer, La Crosse County Zoning, Planning And Land Information Department 400 4^th St N – Room 3170 La Crosse WI 54601 and having held a public hearing on the 4^th day of June, 2007 on a petition to revoke Conditional Use Permit No. 714 issued to Daniel Marini, also known as Complete Salvage Service Inc., W3697 County Road Q, Mindoro, WI 54644, for failure to comply with a majority of the conditions placed on their junk and salvage business, more specifically an automobile and scrap metal business with parts sales in a fenced in area containing 18.3 acres together with a 66-foot access easement on land that is zoned Industrial District in the Town of Farmington on land described as follows: Described as: The North 800 feet of the East 1000 feet of the SW-NW of Section 10, T 18 N, R 6 W. Town of Farmington. And pursuant to s. 59.69 Wis. Stats. and s. 17.36 Zoning Code: the Committee did publish and receive proof of a Class II notice of the hearing; did receive receipts of mailing of the notices to the affected Town Clerk(s); did hold a public hearing to hear testimony or correspondence from the people; and, did receive and consider action from the affected Town Board(s). The Committee and the affected Town Board(s), under s. 17.36(4), have the authority to approve the application with integral conditions or to disapprove of the application. Having considered the entire record the Committee’s recommendation is to: By unanimous vote, the Committee recommended termination by revocation of Conditional Use Permit No. 714 for failure to meet a majority of the conditions placed on the permit. The County Board took the following action this 21^st day of June, 2007: Approved as outlined.

Motion by Hammes/Burke to approve the revocation of Conditional Use Permit No. 714 as recommended by the Committee. Discussion ensued. The motion to approve passed on a unanimous voice vote with 2 excused - Gillett and Fisher.

ZONING ORDINANCE #Z151-6/07 RE: PETITION NO. 1742 FILED BY DAVID A. AND ANNE PAAPE TO REZONE FROM EXCLUSIVE AGRICULTURAL DISTRICT TO AGRICULTURAL DISTRICT “A” IN THE TOWN OF HOLLAND

The La Crosse County Planning, Resources and Development Committee, having considered Petition No. 1742 to amend the La Crosse County Zoning Ordinance filed by: David A. and Anne Paape W6668 Long Coulee Court Holmen WI 54636 and having held a public hearing on the 4^th day of June 2007 to rezone from Exclusive Agricultural District to Agricultural District “A” the following described land in the Town(s) of Holland. Part of the SE-NE of Section 20, T 18 N, R 7 W described in tax parcel No. 8-243-0; together with a 66-foot access easement. Town of Holland. And pursuant to s. 59.69 Wis. Stats.: the Committee did publish and receive proof of a Class II notice of the hearing; did receive receipts of mailing of the notices to the affected Town Clerk(s); did hold a public hearing to hear testimony and official correspondence; and, did receive and consider action from the affected Town Board(s). The Committee, under s. 59.69(5)(e)4, Wis. Stats., has the authority to approve the petition as submitted; to disapprove of the petition; or, to modify and approve the petition. Having considered the entire record the Committee’s recommendation is to: By unanimous vote, the Committee recommends approval as Conditional Zoning under the Agricultural District “A” Zoning, subject to the recording of deeds restrictions indicating that only one additional single family residential structure can be built on the 22.76 acre parcel. (If this petition is approved as a conditional zoning, deed restrictions must be recorded before zoning takes effect.) The County Board, under s. 59.69(5)(e)5 Wis. Stats., has the authority to effectuate the petition by ordinance or to disapprove it. The County Board took the following action this 21^st day of June, 2007: Approved the petition with conditions, becomes an ordinance, after recording conditions.

Motion by Hammes/L. Pfaff to approve with conditions as recommended by the Committee passed on a unanimous voice vote with 2 excused - Gillett and Fisher.

RESOLUTION #26-6/07 RE: APPROVAL OF THE LAND USE ELEMENT FOR THE UPDATE OF THE LA CROSSE COUNTY COMPREHENSIVE PLAN

WHEREAS, beginning on January 1, 2010, any program or action of a local governmental unit that affects land use shall be consistent with that local governmental unit’s comprehensive plan; and, WHEREAS, La Crosse County, will update of the current Comprehensive Plan entitled “La Crosse County Development Plan 2020” for the general purpose of guiding and accomplishing coordinated and harmonious development within La Crosse County; and, WHEREAS, on May 19, 2005, the La Crosse County Board approved Resolution #17-5/05 to draft a Comprehensive Plan Update that is consistent with State Statute 66.1001; and, WHEREAS, The La Crosse County Board has appointed the Comprehensive Plan Steering Committee to carry out the committee efforts to assist in drafting this Comprehensive Plan Update; and, WHEREAS, La Crosse County has approved Schreiber Anderson and Associates to assist with the drafting of this Comprehensive Plan Update; and, WHEREAS, on July 12, 2006, the La Crosse County Board approved Resolution #20-7/06 to approve the Issues, Vision and Goals Report; and, WHEREAS, the Comprehensive Plan Steering Committee has finalized and approved the Draft of the Land Use Element for the update of the La Crosse County Comprehensive Plan; and, WHEREAS, the La Crosse County Board reviewed the draft of the Land Use Element at the County Board Policy Planning Meeting on May 7^th,2007. NOW THEREFORE BE IT RESOLVED, that La Crosse County does hereby approve of the Goals, Objectives and Vision Statement for the Update of the La Crosse County Comprehensive Plan Update pursuant to s. 66.1001, Wis. Stats.

Motion by Hanson/Burke to approve. Discussion ensued. County Planner Charlie Handy spoke to the resolution and answered questions. Motion by Schroeder/Ebert to refer back to the Planning, Resources and Development Committee. Discussion ensued. Motion by Sebranek/Schippers to close debate passed on a unanimous voice vote with 2 excused - Gillett and Fisher. The motion to refer failed on a roll call vote with 14 ayes and 19 nays with 2 excused - Gillett and Fisher. Those voting nay on the referral were Plesha, Sebranek, Hampson, Kapanke, Wood, Billings, Belzer, Gamroth, Freedland, Medinger, Rauk, J. Johnson, Montgomery, Meyer, T. Johnson, Burke, Berns, Doyle and B. Pfaff. Discussion on the resolution continued. Motion by Gamroth/Meyer to close debate passed on a unanimous voice vote with 2 excused - Gillett and Fisher. The motion to approve the resolution passed on a roll call vote with 22 ayes and 11 nays with 2 excused - Gillett and Fisher. Those voting nay on the resolution were Geary, L. Pfaff, Schippers, Keil, Ebert, Maney, Bina, Hammes, Spiker, Bilskemper and Hanson.

ORDINANCE #55-6/07 TO AMEND CHAPTER 27 ENTITLED “NONMETALLIC MINING RECLAMATION” OF THE GENERAL CODE OF LA CROSSE COUNTY, WISCONSIN

The County Board of Supervisors of the County of La Crosse does ordain as follows:

Section 1. Chapter 27 entitled “Nonmetallic Mining Reclamation” of this Code is amended to read:

27.02 Purpose. The purpose of this chapter is to establish a local program to ensure the effective reclamation of nonmetallic mining sites on which nonmetallic mining takes place in La Crosse County after the effective date of this chapter, in compliance with Chapter NR 135, Wisconsin Administrative Code and Subchapter I of Chapter 295, Wis. Stats.

27.03 Statutory Authority. This chapter is adopted under authority of NR 135.32, Wisconsin Administrative Code, and ss. 295.13(1) and 59.51, Wis. Stats.

27.04 Restrictions Adopted Under Other Authority. The purpose of this chapter is to adopt and implement the uniform statewide standards for nonmetallic mining required by s. 295.12(1)(a), Wis. Stats., and contained in Chapter NR 135, Wisconsin Administrative Code. It is not intended that this chapter repeal, abrogate, annul, impair or interfere with any existing rules, regulation, ordinances or permits not concerning nonmetallic mining reclamation previously adopted pursuant to other Wisconsin law.

27.05 Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be the applicable requirements for nonmetallic mining reclamation and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes outside the reclamation requirements for nonmetallic mining sites required by Subchapter I of Chapter 295, Wis. Stats., and Chapter NR 135, Wisconsin Administrative Code. Where any terms or requirements of this chapter may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this chapter is required by Wisconsin Statutes, or by a standard in Chapter NR 135, Wisconsin Administrative Code, and where the provision is unclear, the provision shall be interpreted to be consistent with the Wisconsin Statutes and the provisions of Chapter NR 135, Wisconsin Administrative Code.

27.06 Severability. Should any portion of this chapter be declared unconstitutional or invalidly a court of competent jurisdiction, the remainder of this chapter shall not be affected.

(1) Overall Applicability. The requirements of this chapter apply to all operators of nonmetallic mining sites within La Crosse County except as exempted in s. 27.07(2) and for nonmetallic mining sites located in a city, village or town within La Crosse County that has adopted an ordinance pursuant to s. 295.14, Wis. Stats., and s. NR 135.32(2), Wisconsin Administrative Code. This chapter does not apply to nonmetallic mining sites where nonmetallic mining permanently ceased before August 1, 2001. This chapter applies to nonmetallic mining conducted by or on behalf of a county, municipality or for the benefit or use of the state or any state agency, board, commission or department, except for the waiver of financial assurance in s. 27.14(3).

(a) Nonmetallic mining at a site or that portion of a site that is subject to permit and reclamation requirements of the Wisconsin Department of Natural Resources pursuant to ss. 30.19, 30.195 or 30.20, Wis. Stats., and complies with Chapter NR 340, Wisconsin Administrative Code.

(b) Excavations subject to the permit and reclamation requirements of ss. 30.30 or 30.31, Wis. Stats.

(d) 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 of the transportation facility.

(e) Grading conducted for preparing a construction site or restoring land following a flood or natural disaster.

(f) Excavations for building construction purposes conducted on the building site.

(g) Nonmetallic mining at nonmetallic mining sites where less than one acre of total affected acreage occurs over the life of the mine.

(h) Any mining operation, the reclamation of which is required in a permit obtained under Chapter 293, Wis. Stats.

(i) Any activities required to prepare, operate or close a solid waste disposal facility under Chapter 289, Wis. Stats., or a hazardous waste disposal facility under Chapter 291, Wis. Stats., that are conducted on the property where the facility is located, but an applicable nonmetallic mining reclamation ordinance and the standards established in this chapter 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.

(j) 1. Nonmetallic mining conducted to obtain stone, soil, sand or gravel for construction, reconstruction, maintenance or repair of a highway, railroad, airport, or any other transportation facility or part thereof, if the nonmetallic mining is subject to the requirements of the Wisconsin Department of Transportation concerning the restoration of the nonmetallic mining site.

2. This exemption only applies to a nonmetallic mining operation with limited purpose and duration where the Wisconsin Department of Transportation actively imposes reclamation requirements and the operator reclaims the nonmetallic mining site in accordance with these requirements. The duration of the exemption shall be specific to the length of the Wisconsin Department of Transportation contract for construction of a specific transportation project.

3. If a nonmetallic mining site covered under pars. 1. and 2. is used to concurrently supply materials for projects unrelated to the Wisconsin Department of Transportation project, the exemption in this paragraph still applies, provided that the site is fully reclaimed under Wisconsin Department of Transportation contract and supervision.

(k) 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.

(l) Removal of material from the bed of Lake Michigan or Lake Superior by a public utility pursuant to a permit under s. 30.21, Wis. Stats.

27.08 Administration. The provisions of this chapter shall be administered by the Department of Land Conservation and the Zoning and Land Information Department.

27.09 Effective Date. The provisions of this chapter shall take effect on the day after passage and publication.

(1) "Alternative requirement" means an alternative to the reclamation standards of this chapter provided through a written authorization granted by La Crosse County pursuant to s. 27.18.

(2) "Applicable reclamation ordinance" means a nonmetallic mining reclamation ordinance, including this chapter, that applies to a particular nonmetallic mining site and complies with the requirements of this Chapter NR 135, Wisconsin Administrative Code and subchapter I of Chapter 292, Wis. Stats., unless the Wisconsin Department of Natural Resources is the regulatory authority as defined in s. 27.10(22)(c)3. If the Wisconsin Department of Natural Resources is the regulatory authority, "applicable reclamation ordinance" means the relevant and applicable provisions of Chapter NR 135, Wisconsin Administrative Code.

(3) “Bluff” means a naturally occurring high bank or bold headland with a broad precipitous sometimes rounded cliff face overlooking a plain or a body of water.

(4) “Bluff line” means the edge of where the steep face of the bluff begins.

(5) "Borrow site" means an area outside of a transportation project site from which stone, soil, sand or gravel is excavated for use at the project site, except the term does not include commercial sources.

(8) "Financial assurance" means a commitment of funds or resources by an operator to a regulatory authority that satisfies the requirements in s. 27.14 and is sufficient to pay for reclamation activities required by this chapter.

(9) “Highwall” means a vertical or nearly vertical face in solid rock or a slope of consolidated or unconsolidated material that exceeds 3:1.

(10) "Landowner" means the person who has title to land in fee simple or who holds a land contract for the land. A landowner is not a person who owns nonmetallic mineral rights to land, if a different person possesses title to that land in fee simple or holds a land contract for that land.

(11) “Licensed professional geologist” means a person who is licensed as a professional geologist pursuant to Ch. 470, Wis. Stats.

(13) "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.

(a) Operations or 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 to remove materials from the in-place nonmetallic mineral deposit, including drilling and blasting, as well as associated activities such as excavation, grading and dredging. Nonmetallic mining does not include removal from the earth of products or commodities that contain only minor or incidental amounts of nonmetallic minerals, such as commercial sod, agricultural crops, ornamental or garden plants, forest products, Christmas trees or plant nursery stock.

(b) Processes carried out at a nonmetallic mining site that are related to the preparation or processing of the mineral aggregates or nonmetallic minerals 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.

(15) "Nonmetallic mining reclamation" or "reclamation" means the rehabilitation of a nonmetallic mining site to achieve a land use specified in a nonmetallic mining reclamation plan approved under this chapter, including removal or reuse of nonmetallic mining refuse, grading of the nonmetallic mining site, removal, storage and replacement of topsoil, stabilization of soil conditions, reestablishment of vegetative cover, control of surface water and groundwater, prevention of environmental pollution and the restoration of plant, fish and wildlife habitat.

(16) "Nonmetallic mining refuse" means waste soil, rock and mineral, as well as other natural site material resulting from nonmetallic mining. Nonmetallic mining refuse does not include marketable by-products resulting 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.

(17) "Nonmetallic mining site" or "site" means all contiguous areas of present or proposed mining described in par. (a), subject to the qualifications in par. (b).

2. Storage and processing areas that are in or contiguous to areas excavated for nonmetallic mining.

4. Areas affected by activities such as the construction or improvement of private roads or haulage ways for nonmetallic mining.

6. Areas where nonmetallic mining reclamation activities are carried out or structures needed for nonmetallic mining reclamation, such as topsoil stockpile areas, revegetation test plots, or channels for surface water diversion, are located.

1. Those portions of sites listed in par. (a) not used for nonmetallic mining or purposes related to nonmetallic mining after August 1, 2001.

2. Separate, previously mined areas that are not used for nonmetallic mineral extraction after August 1, 2001 and are not contiguous to mine sites, including separate areas that are connected to active mine sites by public or private roads.

3. Areas previously mined but used after August 1, 2001 for a non-mining activity, such as stockpiles of materials used for an industrial process unrelated to nonmetallic mining.

(18) "Operator" means any person who is engaged in, or who has applied for a permit to engage in, nonmetallic mining, whether individually, jointly or through subsidiaries, agents, employees, contractors or subcontractors.

(19) “Person” means an individual, owner, operator, corporation, limited liability company, partnership, association, county, municipality, interstate agency, state agency or federal agency.

(20) “Progressive reclamation” means the sequential reclamation of portions of the nonmetallic mining site affected by mining operations that is performed in advance of final site reclamation, but which may or may not be final reclamation, performed in minimize the area exposed to erosion, at any one time, by nonmetallic mining activities.

(21) "Registered professional engineer" means a person who is registered as a professional engineer pursuant to s. 443.04, Wis. Stats.

(a) The county in which the nonmetallic mining site is located, that has an applicable reclamation ordinance under s. 295.13, Wis. Stats., except where a municipality has adopted an applicable reclamation ordinance pursuant to par. (b).

(b) The municipality in which the nonmetallic mining site is located and which has adopted an applicable reclamation ordinance under s. 295.14, Wis. Stats.

(c) The department, in case where a county mining reclamation program is no longer in effect under s. 295.14 Wis. Stats., but only if there is no applicable reclamation ordinance enacted by the municipality in which the nonmetallic mining site is located.

(23) "Replacement of topsoil" means the replacement or redistribution of topsoil or topsoil substitute material to all areas where topsoil was actually removed or affected by nonmetallic mining for the purposes of providing adequate vegetative cover and stabilization of soil conditions needed to achieve the approved post-mining land use and as required by the reclamation plan approved pursuant to this chapter.

(24) "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 subject to permits under Chapter 283, Wis. Stats., or source material, special nuclear material or by‑product material, as defined in s. 254.31(1), Wis. Stats.

(25) "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.

(26) "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.

(27) (a) "Unreclaimed acre" or "unreclaimed acres" means those unreclaimed areas in which nonmetallic mining has occurred after August 1, 2001 and areas where nonmetallic mining reclamation has been completed but is not yet certified as reclaimed under s. 27.29(3). However the term does not include any areas described in par. (b).

1. Those areas where reclamation has been completed and certified as reclaimed under s. 27.29(3).

2. Those areas previously affected by nonmetallic mining but which are not used for nonmetallic mining after August 1, 2001.

3. Those portions of nonmetallic mining sites which are included in an nonmetallic mining reclamation plan approved pursuant to this chapter but are not yet affected by nonmetallic mining.

4. Areas previously mined but used after August 1, 2001 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. For purposes of fees under s. 27.27, those areas within a nonmetallic mining site which La Crosse County has determined to have been successfully reclaimed on an interim basis in accordance with s. 27.29(3).

27.11 Standards. All nonmetallic mining sites subject to this chapter shall be reclaimed in conformance with the standards contained below.

(a) Refuse and other solid wastes. Nonmetallic mining refuse shall be reused in accordance with a reclamation plan. Other solid wastes shall be disposed of in accordance with applicable rules of the Wisconsin Department of Natural Resources adopted pursuant to Chapters 289 and 291, Wis. Stats.

(b) Area disturbed and progressive 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 of the nonmetallic mining site.

(c) Public health, safety and welfare. All nonmetallic mining sites shall be reclaimed in a manner so as to comply with federal, state and local regulations governing public health, safety and welfare.

(d) Habitat restoration. When the land use required by the reclamation plan approved pursuant to this chapter requires plant, fish or wildlife habitat, it shall be restored, to the extent practicable, to a condition at least as suitable as that which existed before the lands were affected by nonmetallic mining operations.

(e) Compliance with environmental regulations. Reclamation of nonmetallic mining sites shall comply with any other applicable federal, state and local laws including those related to environmental protection, zoning and land use control.

(2) Surface water and wetlands protection. Nonmetallic mining reclamation shall be conducted and completed in a manner that assures compliance with the Wisconsin Department of Natural Resources’ water quality standards for surface waters and wetlands contained in Chapters NR 102 to NR 105, Wisconsin Administrative Code. Before disturbing the surface of a nonmetallic mining site and removing topsoil, all necessary measures for diversion and drainage of runoff from the site to prevent pollution of waters of the state shall be installed in accordance with the reclamation plans approved pursuant to this chapter. Diverted or channelized runoff resulting from reclamation may not adversely affect neighboring properties.

(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 surface waters or a significant reduction in the quantity of groundwater reasonably available for future users of groundwater.

(b) Groundwater quality. Nonmetallic mining reclamation shall be conducted in a manner which does not cause groundwater quality standards in Chapter NR 140, Wisconsin Administrative Code to be exceeded at a point of standards application defined in that chapter.

(a) Removal. Topsoil and topsoil substitute material shall be provided as specified in the reclamation plan approved pursuant to this chapter in order to achieve reclamation to the approved post-mining land use. Removal of on-site topsoil and topsoil substitute material removal, when specified in the reclamation plan, shall be performed prior to any mining activity associated with any specific phase of the mining operation.

(b) Volume. The operator shall maintain on-site or obtain the volume of soil and topsoil required to perform the final reclamation in accordance with the approved reclamation plan.

(a) All areas affected by mining shall be addressed in the approved reclamation plan, pursuant to 27.13 to provide that a stable and safe condition consistent with the post-mining land use is achieved. The reclamation plan may designate highwalls or other unmined and undisturbed natural solid bedrock as stable and safe and not in need of reclamation or designate other areas affected by mining including slopes comprised of unconsolidated materials that exceed a 3:1 slope, whether or not graded, as stable and safe. For slopes designated as stable under this subsection, the regulatory authority may require that either: a site-specific engineering analysis be performed by a registered professional engineer to demonstrate that an acceptable slope stability factor is attainable at a steeper slope, or the operator perform a field test plot demonstration to demonstrate that a stable and safe condition will be achieved and that the post-mining land use specified in the reclamation land will not be adversely affected.

(b) Final reclaimed slopes covered by topsoil or topsoil substitute material may not be steeper than a 3:1 horizontal to vertical incline, unless found acceptable through one or more of the following: alternative requirements are approved under s. 27.18, steeper slopes are shown to be stable though a field plot demonstration approved as part of an approved reclamation plan; or stable slopes can be demonstrated based on site-specific engineering analysis performed by a registered professional engineer. 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 substitute material and the underlying material.

(c) When the approved post-mining land use includes a body of water, the approved final grade at the edge of a body of water shall extend vertically 6 feet below the lowest seasonal water level. A slope no steeper than 3:1 shall be created at a designated location or locations, depending on the size of the water body to allow for a safe exit.

(d) Bluff and Bluff-line considerations. A bluff or bluff-line shall not be disturbed by soil or rock excavation except in accordance with an approved plan.

(6) Topsoil redistribution for reclamation. Prior to replacing soil that has been stockpiled for longer than one calendar year, soil tests shall be performed at intervals of three-feet to determine what amendments may be necessary to support vegetation according to the approved reclamation plan. Topsoil or topsoil substitute material shall be redistributed in accordance with the approved reclamation plan. Topsoil or topsoil substitute material redistribution may not be performed on frozen surfaces or during or immediately after a precipitation event until the soils have sufficiently dried.

(7) Revegetation and site stabilization. Except for permanent roads or similar surfaces identified in the reclamation plan approved pursuant to this chapter, all surfaces affected by nonmetallic mining shall be reclaimed and stabilized. 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.

(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 pursuant to this chapter. Criteria to evaluate certification success shall be quantifiable.

(b) Compliance with the revegetation success standards in the approved reclamation plan shall be determined by:

1. On-site inspections by the Department of Land Conservation and operator or their agents;

2. Reports presenting results obtained during reclamation evaluations including summarized data on revegetation, photo documentation or other evidence that the criteria approved in the reclamation plan to ascertain success have been met; or

b. comparison to baseline data acquired at the mining site prior to its being affected by mining; or

(9) 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 of sediments is occurring, and financial assurance for reclamation pursuant to s. 27.14 is maintained covering all remaining portions of the site that have been affected by nonmetallic mining and that have not been reclaimed.

(10) Maintenance. During the period of the 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 of this subchapter, or to meet the goals specified in the reclamation plan approved pursuant to this chapter.

27.12 Nonmetallic Mining Reclamation Permit Application Required. No person may engage in nonmetallic mining or in nonmetallic mining reclamation without possessing a nonmetallic mining reclamation permit issued pursuant to the applicable reclamation ordinance unless the activity is specifically exempted in ss. 27.07(1), 27.07(2), or 27.10(17)(b).

(1) Required Submittal. All operators of nonmetallic mining sites shall apply for a reclamation permit from Zoning and Land Information. All applications for reclamation permits under this section shall be accompanied by the following information:

(a) A brief description of the general location and nature of the nonmetallic mine.

(b) A legal description of the property on which the nonmetallic mine is located or proposed, including the parcel identification number.

(d) 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.

(e) The name, address and telephone number of the person or organization who is the operator.

(f) A certification by the operator of his or her intent to comply with the statewide nonmetallic mining reclamation standards established by s. 27.11.

(2) Reclamation Permit Application Contents. The operator of any nonmetallic mine site shall submit an application that meets the requirements specified below to Zoning and Land Information prior to beginning operations.

(d) A certification that the operator will provide, as a condition of the reclamation permit, financial assurance as required by s. 27.14 upon granting of the reclamation permit and before mining begins.

(e) To avoid duplication, the permit application and submittals required under this subsection may, by reference, incorporate existing plans or materials that meet the requirements of this chapter as determined by La Crosse County.

(1) Reclamation Plan Required. All operators who conduct or plan to conduct nonmetallic mining shall submit to the Department of Land Conservation a reclamation plan that meets all of the following requirements and complies with the reclamation standards of s. 27.11.

(a) Post-Mining Land Use. 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 nonmetallic mining site including the general location, property boundaries, the areal extent, geologic composition and depth of the nonmetallic mineral deposit, the distribution, thickness and type of topsoil, the location of surface waters and the existing drainage patterns, the approximate elevation of ground water, as determined by existing hydrogeologic information. In specific instances where the existing hydrogeologic information is insufficient for purposes of the reclamation plan, the applicant may supplement the information with the opinion of a licensed professional geologist or hydrologist.

2. Topsoil or topsoil substitute material, if required to support revegetation needed for reclaiming the site to approved post-mining land use, can be identified using county soil surveys or other available information, including that obtained from a soil scientist or the University of Wisconsin soil science extension agent or other available information resources.

3. Information available to the mine operator on biological resources, plant communities, and wildlife use at and adjacent to the proposed or operating mine site.

4. Existing topography as shown on contour maps of the site at: slopes greater than 20% contour interval at 10’; 12-20% contour interval at 5’; and 0-12% contour interval at 2’. Contour data must extend a minimum of 200 feet beyond the area of disturbance or to property line.

6. For proposed nonmetallic mining sites that include previously mined areas, a plan view drawing showing the location and extent of land previously affected by nonmetallic mining, including the location of stockpiles, wash ponds and sediment basins.

7. Information of significant archaeological and historical resources including potential burial sites and human graves s. 157.70, Wis. Stats. This information is to be determined by contacting the State Archaeologist at the State Historical Society and the Regional Archaeologist at the Mississippi Valley Archaeology Center.

8. Public and private well locations within 1/2 mile of furthest extent of nonmetallic mining operation.

1. The reclamation plan shall specify a proposed post-mining land use for the nonmetallic mine site. The proposed post-mining land use shall be consistent with local land use plans and local 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 all applicable local, state, or federal laws in effect at the time the plan is submitted.

2. Land used for nonmetallic mineral extraction in areas zoned under an exclusive agricultural use ordinance pursuant to s. 91.75, Wis. Stats., shall be restored to agricultural use.

(c) Reclamation Measures. The reclamation plan shall include a description of the proposed reclamation, including methods and procedures to be used and a proposed schedule and sequence for the completion of reclamation activities for various stages of reclamation of the nonmetallic mining site. The following shall be included:

1. A description of the proposed earthwork and reclamation, including final slope angles, high wall reduction, benching, terracing and other structural slope stabilization measures and if necessary a site specific engineering analysis performed by a registered professional engineer as provided by ss. 27.11(5)(a) or (b).

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 of the 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 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 any other techniques needed to accomplish soil and slope stabilization.

7. Quantifiable standards for revegetation adequate to show that a sustainable stand of vegetation has been established which will support the approved post-mining land use. Standards for revegetation may be based on the percent 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 description of any areas which will be reclaimed on an interim basis sufficient to qualify for the waiver of fees pursuant to ss. 27.29(2) and 27.29(4) and release of financial assurance pursuant to sub. 29.29(3) and which will be subsequently disturbed prior to final reclamation. Descriptions shall include an identification of the proposed areas involved, methods of reclamation to comply with the standards and timing of interim and final reclamation.

10. A description of how the reclamation plan addresses the long-term safety of the reclaimed mining site. The description shall include a discussion of site-specific safety measures to be implemented at the site and include measures that address public safety with regard to adjacent land uses.

(d) Criteria for Successful Reclamation. The reclamation plan shall contain criteria for assuring successful reclamation in accordance s. 27.11(8).

(e) Certification of Reclamation Plan. The operator shall provide a signed certification that reclamation will be carried out in accordance with the reclamation plan. If the operator does not own the land, the landowner or lessor, if different from the operator, shall also provide signed certification that they concur with the reclamation plan and will allow its implementation

(2) Existing Plans and Approvals. To avoid duplication of effort, the reclamation plan required by this section may, by reference, incorporate existing plans or materials that meet the requirements of this chapter.

(3) Approval of Reclamation Plan. Department of Land Conservation shall approve, conditionally approve or deny the reclamation plan submitted under this section in writing in accordance with s. 27.16(2) for mines that apply for a reclamation permit in conformance with s. 27.12(2). Conditional approvals of reclamation plans shall be made according to s. 27.16(5) and denials of reclamation plans shall be made pursuant to s. 27.17. The operator shall keep a copy of the reclamation plan approved under this subsection at the mine site or, if not practicable, at the operator’s nearest place of business.

(1) Financial Assurance Requirements. All operators of nonmetallic mining sites in La Crosse County shall prepare and submit a proof of financial assurance that meets the following requirements:

(a) Notification. The Department of Land Conservation shall provide written notification to the operator of the amount of financial assurance required under s. 27.14(1)(c).

(b) Filing. Following approval of the nonmetallic mining reclamation permit, and as a condition of the permit, the operator shall file a financial assurance with Zoning and Land Information. The financial assurance shall provide that the operator shall faithfully perform all requirements in this chapter, an applicable reclamation ordinance and the reclamation plan. Financial assurance shall be payable exclusively to La Crosse County. In cases where one or more other regulatory authorities regulate a nonmetallic mining site, all financial assurance shall be made payable to La Crosse County 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 La Crosse County 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 of Land Conservation to assure it equals outstanding reclamation costs. Any financial assurance filed with Zoning and Land Information shall be in an amount equal to the estimated cost for reclaiming all sites the operator has under project permits. The Department of Land Conservation 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 of time 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 La Crosse County and released upon successful completion of the reclamation measures specified in the reclamation plan. Alternate financial assurances may include, but are not limited to certificates of deposits, irrevocable letters of credit, irrevocable trusts, established escrow accounts, demonstration of financial responsibility by meeting net worth requirements, or government 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 La Crosse County, 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.

(e) Multiple projects. Any operator who obtains a permit from La Crosse County for 2 or more nonmetallic mining sites may elect, at the time the second or subsequent site is approved, to post a single financial assurance in lieu of separ

1.	Allow two existing signs advertising business to remain: 4-ft x 6 ft and 4.5 ft x 5.5 ft.
2.	Allow permit to be transferable as the property is currently for sale.
3.	New hours of operation:
		September – December:	Monday through Friday 10 am to 8 pm
			Saturday 10 am to 6 pm
			Sunday 11 am to 5 pm
		January – October:	Monday through Saturday 10 am to 6 pm
			Sunday 11 am to 5 pm
4.	Change legal description to read: Certified Survey Map #80, Volume 12, Lot 2. Town of Medary.
5.	The green house must be removed under terms of enforcement letter dated April 11, 2007 - no later than May 1, 2008 and with no occupancy.