WI Stat § 295.48 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 295 - Nonmetallic mining reclamation; oil and gas; ferrous metallic mining.|295.48 - Mining plan.

295.48  Mining plan. (1) General. An applicant for a mining permit shall submit as part of the application a mining plan that includes a description of the proposed mining site and either a detailed map drawn to a scale approved by the department or aerial photographs, if the photographs show the details to the satisfaction of the department, prepared and certified by a competent engineer, licensed professional surveyor, or other person approved by the department that show all of the following:(a) The boundaries of the area of land that will be affected.(b) The drainage area above and below the area that will be affected.(c) The location and names of all streams, roads, railroads, pipelines, and utility lines on or within 1,000 feet of the mining site.(d) The name or names of the owner or owners of the mining site.(e) The name of the city, village, or town in which the mining site is located and the name of any other city, village, or town that is within 3 miles of the mining site. (2)  Descriptive data. The applicant shall provide descriptive data to accompany the map or photographs under sub. (1), including all of the following:(a) The federal natural resources conservation service land capabilities classifications of the affected area.(b) The elevation of the water table.(c) Details of the nature, extent, and final configuration of the proposed excavation and mining site, including the total estimated production of tailings, waste rock, and other refuse and the location of their disposal.(d) The nature and depth of the overburden. (3)  Operating procedures. The applicant shall also include in the mining plan the details of the proposed operating procedures, including descriptions of all of the following:(a) The sequence of mining operations.(b) The handling of overburden materials.(c) The production, handling, and final disposition of tailings.(d) The milling, concentrating, refining, and other processing of ferrous minerals.(e) The storage, loading, and transportation of the final product.(f) Groundwater and surface water management techniques, including provisions for erosion protection and drainage control, and a water management plan showing water sources, flow paths and rates, storage volumes, and release points.(g) Plans for collection, treatment, and discharge of any water resulting from the mining.(h) Plans for protecting air quality under ch. 285.(hm) A plan for monitoring environmental changes at the mining site.(hr) An assessment of the risk of the occurrence of an accidental health or environmental hazard in connection with the operation of the mine. The assessment shall include, with specificity, a description of the assumptions that the applicant used in making the risk assessment and the contingency measures that the applicant proposes to take in the event that an accidental health or environmental hazard occurs.(i) Measures for notifying the public and responsible governmental agencies of potentially hazardous conditions, including the movement or accumulation of toxic wastes in groundwater and surface water, soils, and vegetation, and other consequences of the operation of importance to public health, safety, and welfare.(j) All surface facilities associated with the mining site and any use of mining waste in reclamation or the construction of any facility or structure.(k) All geological and geotechnical investigations and drilling programs.(L) A plan for completing and submitting a preblasting survey to the department before any blasting is conducted. (4)  Required demonstrations. The applicant shall demonstrate in the mining plan that the proposed mining will be consistent with the reclamation plan under s. 295.49 and that all of the following will apply, at a minimum:(a) Handling and storage of all materials on the mining site will be done in an environmentally sound manner.(b) Buildings and other structures will be painted and maintained in a manner that is visually compatible with the surrounding vegetational and earth conditions, except that if a building or other structure cannot be painted and maintained in a manner that is visually compatible or if painting and maintaining a building or other structure in a manner that is visually compatible would cause safety concerns, the building or structure will be made as visually inconspicuous as is practicable.(c) Effective means will be taken to limit access to the mining site to minimize exposure of the public to hazards.(d) The use of mine mill chemicals and processing reagent wastes will be governed by all of the following:1. Reagents and mine mill chemicals will not be used in a manner that will result in substantial harm to public safety or health or to the environment.2. Reagents and mine mill chemicals that consist of or contain water soluble salts or metals will be used in accordance with any applicable approval.3. Reagents will not be used or stored at the mining site if they are not included in the mining waste site feasibility study and plan of operation or in the mining plan, except for reagents for laboratory, testing, research, or experimental purposes.(e) Provisions will be made for back-up equipment in the event of the breakdown of critical operation equipment.(f) The design and operation specifications for mining site facilities include features, which may include emergency power supplies, redundant equipment, or temporary holding facilities, to deal with emergency conditions.(g) Mining site facilities are designed to minimize disturbance to surface areas, to the extent practicable.(h) Where practicable, elevation differences in water-based transport systems will be used for gravity flows to minimize pumping facilities and pressures.(i) The following apply:1. Systems for transporting tailings in slurry through pipelines that are not buried are designed to provide for emergency tailings conveyance or storage in case a pipeline breaks, plugs, freezes, or needs repairs and will be accessible for inspection, emergency repair, and maintenance.2. The location of emergency spill containment areas is consistent with the prevention of substantial environmental pollution of surface waters.3. In the event of a power failure, tailings pipelines will be self draining to a tailings area or an emergency spill containment area or standby pumps and pipelines or standby power is provided.4. More than one emergency spill containment area is provided if necessary.(j) If practicable, all liquid effluents from the mining site will be directed to a common point, for treatment if necessary, before discharge to a natural watercourse.(L) If sanitary wastes will be directed to a tailings area they will be appropriately treated.History:  2013 a. 1, 358.