(1) By Kenosha County Department of Planning and Development, Division of County Development. A non-metallic mining reclamation permit issued under this chapter may be modified by Kenosha County Department of Planning and Development if it finds that, due to changing conditions, the non-metallic mining site is no longer in compliance with Chapter NR 135, Wisconsin Administrative Code or this chapter. Such modification shall be by an order modifying the permit in accordance with section 13.05-2. This modifying order may require the operator to amend or submit new application information, reclamation plan, proof of financial assurance or other information needed to ensure compliance with Chapter NR 135, Wisconsin Administrative Code or this chapter.

(2) At the Operator’s Option. If operator of any non-metallic mine that holds a reclamation permit issued under this chapter desires to modify such permit or reclamation plan approved under this chapter, it may request such modification by submitting a written application for such modification to Kenosha County Department of Planning and Development, Division of County Development. The application for permit or plan modification shall be acted on using the standards and procedures of this chapter.

(3) Required by the Operator. The operator of any non-metallic mine that holds a reclamation permit issued under this chapter shall request a modification of such permit if changes occur to the area to be mined, the nature of the planned reclamation, or other aspects of mining required by the reclamation plan approved pursuant to this chapter. Such application for permit modification shall be acted on using the standards and procedures of this chapter.

Note: Modification of the permit must be requested by the operator in such circumstances under s. NR 135.27, Wis. Adm. Code.

(4) Review. All actions by Kenosha County Department of Planning and Development on permit modifications requested or initiated under this section are subject to review under section 13.03-11. [Code § 13.04-1.]