DNR audit finds Franklin must update reclamation permitting and ordinances to meet NR 135 requirements

City staff reported that the Wisconsin Department of Natural Resources conducted a site visit July 29 and issued an audit report to the city on Aug. 18 as part of the state’s 10-year nonmetallic mining reclamation program review.

The staff presentation noted that several program categories are in compliance, including complaint response and annual report review. But the audit identified a set of deficiencies that require action to meet NR 135 (the Wisconsin nonmetallic mining reclamation rule). The committee was told the city currently does not have a formal reclamation permit for the quarry and that the Plan Development District (PDD) ordinance adopted in 1997 contains provisions inconsistent with NR 135.

City staff summarized the categories needing action: ordinance updates (both the PDD and the citywide nonmetallic mining reclamation ordinance), establishment of a permit-application process and procedures for permit modification or transfer, review and possible adjustment of the financial assurance amount related to reclamation, verification that the current reclamation plan meets NR 135 content requirements, and correction of prior fee-collection errors where the wrong fee amount was used.

Staff said they are preparing a work plan to align the city’s code and procedures with the DNR recommendations and will provide updates at future committee meetings. A corrective action deadline cited in the audit shows a due date of Nov. 30 for an initial item; staff indicated they will request deadline adjustments with the DNR as needed. The staff presentation noted that if the regulatory authority does not meet required steps under NR 135, the city could lose its authority to administer the program and the DNR or the county could assume administration.

No committee action was requested at the Oct. 28 meeting; staff described the audit results and the plan to develop a detailed work plan and potential ordinance updates.