AB 320

This bill modifies the permit requirements for the construction or enlargement

of certain artificial water bodies for the purpose of nonmetallic mining reclamation.

Current law requires the Department of Natural Resources to promulgate rules

that establish standards for nonmetallic mining reclamation, which is the

rehabilitation of a nonmetallic mining site through activities such as removal or

reuse of mining refuse, stabilization of soil conditions, and reestablishment of

vegetative cover. DNR rules must include a requirement that a nonmetallic mine

operator, prior to beginning reclamation of a site, be issued a reclamation permit by

the county, city, village, or town where the site is located. A permit may not be issued

unless the mine operator has submitted proof of financial responsibility.

Under current law generally, no person may construct or enlarge an artificial

water body that is within 500 feet of the ordinary high-water mark of, but not

connected with, an existing navigable waterway (construction of an unconnected

artificial water body). The bill provides that this prohibition does not apply if the

construction of an unconnected artificial water body is for the purpose of nonmetallic

mining.

Current DNR administrative rules relating to nonmetallic mining apply at all

nonmetallic mining sites, but sites that are subject to certain DNR waterway permits

are exempt. The bill removes the exemption for nonmetallic mining sites where

construction of an unconnected artificial water body occurs.