When is an informational public hearing on the reclamation plan necessary?
Chapter NR 135 provides that existing mines – those in operation prior to August 1, 2001 that applied for and received and automatic reclamation permits – (often these had conditional use permits based on a previously-approved reclamation plan) do NOT need a public informational hearing. However, a new mine (any mine opened after August 1, 2001) as well as any existing mine which requires a major revision to its reclamation plan would need to provide an opportunity for a public informational hearing. Keep in mind that these are informational hearings and are intended to be limited in scope to explaining to and receiving comment from affected persons on the nature, feasibility, effects and other relevant aspects of the proposed nonmetallic reclamation plan. In order to improve efficiency, it was intended that these informational hearings be piggybacked to a zoning-related hearing on the nonmetallic mine site whenever possible. This way the regulatory authority may jointly consider the r