Audit finds reclamation programs are struggling to oversee nonmetallic mines

More than half of programs audited in the past five years that oversee restoration of sites where nonmetallic mines operated are out of compliance, according to an audit by state environmental regulators.

Nonmetallic mines must be restored after mining to protect the environment and allow productive use of the land whether that’s restoration of habitat or land values. The Wisconsin Department of Natural Resources conducts an audit once every 10 years of counties and local governments that run reclamation programs for nonmetallic mines or operations that mine stone, sand or similar materials.

Since 2019, the agency has conducted 31 audits out of 92 counties and communities that oversee nonmetallic mines. Of them, 58 percent aren’t in compliance with administering the programs, including reviewing mine reclamation plans or determining bond amounts to cover costs for restoring sites.

Roberta Walls, the DNR’s nonmetallic mine reclamation coordinator, detailed the findings during Monday’s meeting of the Nonmetallic Mining Advisory Committee.

“Either we have no action that has been taken to date, (or) they’ve been given a compliance schedule, but we have not received confirmation that they are working toward a resolution,” Walls said. “A smaller subset of regulatory authorities have made efforts but have missed the mark.”

Even so, Walls said counties and local governments improved from 2022, during which time 68 percent were out of compliance. Staff turnover was highlighted as the biggest factor with almost 20 percent of all reclamation programs experiencing turnover.

“One of those counties had staff turnover for four consecutive years in a row, which is crazy,” Walls said.

Walls said they’re working with programs to help bring them into compliance. In the worst case, the agency could take over a locally run program, but that has not happened.

Wisconsin has just under 2,600 nonmetallic mines with reclamation permits. Amid high turnover, the state has seen a 9 percent increase in land that’s yet to be reclaimed. A total of roughly 50,000 acres out of 144,000 acres approved for mining has yet to be restored. More than 2,200 acres were reclaimed last year.

DNR staff has been working with local governments to encourage reclamation of areas while mines continue to operate. At the same time, the agency is facing a backlog of audits with 35 due this year. The DNR has two staff, one of whom is part-time, to audit programs.

As the agency aims to reduce the backlog, the DNR has seen mines expand in size with a 10 percent increase in mines larger than 50 acres.

Tracy Arnold, a conservation technician with Portage County, said her entire department will soon be filled with fresh faces due to an unexpected loss and retirements.

“That (turnover) is no joke,” Arnold said. “It is tough to get somebody here, train them and then keep them for more than a year or two.”

Terry Ochs with the Wisconsin County Code Administrators said counties are struggling with turnover in general since the onset of the COVID-19 pandemic. Ochs said he thinks universities are also shifting focus from training students for natural resource jobs to careers in green energy.

“We see where the voids are coming, and we try to be proactive,” Ochs said. “But in some cases, it hits you so hard that you’re floundering.”

Bob Bingen is president of Aggregate Producers of Wisconsin, which represents crushed stone, sand and gravel producers. So far, he said mine operators haven’t encountered problems obtaining permits or moving projects forward due to high turnover.

“It’s not just at the county level. It’s our world. The turnover rate is ridiculous, and the quality of people we’re getting is not quite what we used to have,” Bingen said.

An audit of fees across 25 programs in the last five years found eight were running significant surpluses or deficits related to expenses. Several programs in Iowa, Marquette and Saint Croix counties weren’t tracking reclamation expenses at all.

Costs to reclaim sites increase

As county and local programs seek to maintain compliance, Bingen noted many have been seeking to reevaluate financial assurance or bonding set aside for mine reclamation. Walls said some counties and local governments haven’t reviewed the amount of money necessary to restore sites since programs were established two decades ago, prompting sticker shock from mine operators.

While he recognized the potential cost to counties, Bingen suggested a general fund or pooling coverage to restore sites if an operator goes out of business.

“We’ve also got to look at the cost of reclamation, our financial assurance, and see how we can still protect everybody, but have less of an impact on the industry,” Bingen said.

Counties and local governments have only been forced to rely on bonding to restore less than a handful of sites, according to the DNR. Even so, Walls said operators can bring costs down by reclaiming areas, and local governments can phase in increased financial assurance over time.

The committee also discussed an ongoing issue where mine operators are required to obtain reclamation permits from both state and local governments when ponds for nonmetallic mines are built nearby a river or waterway. Republican lawmakers introduced a bill last year to streamline projects, but it failed to advance.

Bingen said it’s difficult for smaller operators to determine when state and local regulations overlap.

“I think probably we have people that aren’t in compliance right now, unknowingly,” Bingen said.

Bingen said the industry wants to revisit conversations about streamlining projects, saying it’s unclear whether that may require legislation or clarifying regulations. While the DNR recognizes the industry’s concerns, the agency has testified that current regulations are meant to protect public waterways. DNR staff said they welcomed further discussion on the issue.