reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 131 - Nonferrous Metallic Mineral Prospecting › Section NR 131.103 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Applicant" means a person who has
				applied for a prospecting permit.
(2) "Background water quality" or "background
				concentration" means surface water or groundwater quality at or near a
				facility, practice or activity which has not been affected by that facility,
				practice or activity established by monitoring at the proposed site, upgradient
				and downgradient of the proposed site and at representative reference sites, as
				necessary.
(3) " Baseline data"
				means the data collected by the applicant or the department which the
				department has accepted through the regulatory process of ss. NR 131.105 and
				131.117, and s.
				293.31,
				Stats., as representing the existing environmental conditions prior to the
				commencement of prospecting and established by monitoring at the proposed site,
				upgradient and downgradient of the proposed site and at representative
				reference sites, as necessary.
(4)
				"Department" means the department of natural resources.
(5) "Environmental pollution" has the meaning
				specified in s.
				293.01(4),
				Stats.
(6) "Groundwater" means any
				waters of the state, as defined in s.
				281.01(18),
				Stats., occurring in a saturated subsurface geological formation of rock or
				soil.
(7) "Materials" means all
				solid, liquid and gaseous, substances handled, processed, transported, stored
				or disposed of on the prospecting site during prospecting and reclamation
				operations, including other substances generated by the operation as well as
				those brought onto the prospecting site.
(8)
(a)
				"Mining waste" or " nonferrous mining waste" means any refuse, sludge, or other
				discarded material, including solid, liquid, semi-solid, or contained gaseous
				material, resulting from nonferrous metallic mineral prospecting or mining, or
				from the cleaning or preparation of nonferrous metallic minerals during
				prospecting or mining operations.
(b) "Mining waste" includes tailings, waste
				rock, mine overburden, and waste treatment sludges.
(c) "Mining waste" does not include topsoil
				and mine overburden not disposed of in a waste site, but placed in a facility
				permitted under this chapter or ch. NR 132, to be returned to the mine site or
				used in the reclamation process, and does not include merchantable
				by-products.
(d) "Mining waste"
				does not include trees and other vegetation removed from the mining site during
				site preparation and facility construction.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 131 - Nonferrous Metallic Mineral Prospecting › Section NR 131.104 - Environmental baseline data collection prior to preapplication notification

Current through June 24, 2024
(1) A person who intends to submit a
				preapplication notification under s.
				293.31,
				Stats., may, prior to obtaining, collecting, or generating environmental
				baseline data intended to be used to support a prospecting permit application,
				submit to the department a description of the methodology that the person
				intends to use in obtaining, collecting, or generating the data. The
				description shall include all of the following:
(a) The sampling equipment and
				instrumentation.
(b) The sampling
				locations.
(c) The sample
				collection protocols.
(d) The
				sampling schedules.
(e) The
				analytical methods and reporting procedures.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 131 - Nonferrous Metallic Mineral Prospecting › Section NR 131.106 - Prospecting project review fee

Current through June 24, 2024
(1) When a person gives notice under s. NR
				131.105(1) of the person's intention to apply for a prospecting permit, the
				person shall pay the department a fee of $25,000 to reimburse the department
				for costs incurred by the department in connection with review of the proposed
				prospecting project during the year following receipt of the notice, other than
				any costs related to the environmental impact statement for the proposed
				prospecting.
(2) The department
				shall annually compare the fees paid under this section and under chs. 30, 280
				to 292, and 295 to 299, Stats., in connection with proposed prospecting for
				which notice was given under s. NR 131.105(1) with the costs incurred by the
				department in connection with the proposed prospecting project, including the
				costs incurred under chs. 30, 280 to 292, and 295 to 299, Stats., but excluding
				costs related to the environmental impact statement. If the costs incurred
				exceed the fees paid, the person who provided notice under s. NR 131.105(1)
				shall pay a fee equal to the amount by which the costs exceed the fees
				previously paid.
(3) When the
				department issues or denies a prospecting permit or when a person who gave
				notice under s. NR 131.105(1) ceases to seek approval of the proposed
				prospecting project, the department shall compare the fees paid under this
				section and under chs. 30, 280 to 292 and 299, Stats., in connection with the
				proposed prospecting project with the costs incurred by the department in
				connection with the proposed prospecting project, including the costs incurred
				under chs. 30, 280 to 292, and 299, Stats., but excluding costs related to the
				environmental impact statement. If the costs incurred are less than the fees
				paid, the department shall pay the person who gave notice under s. NR
				131.105(1) the amount by which the fees exceed the costs. If the costs incurred
				exceed the fees paid, the person who gave notice under s. NR 131.105(1) shall
				pay a final fee equal to the amount by which the costs exceed the fees
				previously paid.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 131 - Nonferrous Metallic Mineral Prospecting › Section NR 131.107 - Application to prospect

Current through June 24, 2024
(1) No person may
				engage in prospecting or reclamation at any prospecting site without securing a
				prospecting permit issued under s.
				293.45,
				Stats., and this chapter.
(2)
(a) An applicant for a prospecting permit
				shall submit an application and additional documents specified under sub. (4)
				to the department in writing and in reproducible form and shall provide the
				department with paper copies of the application in a quantity specified by the
				department. The applicant shall also submit a complete copy of the application
				in an electronic format prescribed by the department.
(b) Upon receipt of the application under
				sub. (2), the department shall give public notice of the department's receipt
				of the application and the availability, for review, of the prospecting permit
				application and other documents specified under sub. (4), in the same manner as
				provided under s.
				293.43(2m)
				(b), Stats., and to the government of any
				American Indian tribe or band whose reservation boundaries are within 60 miles
				of any portion of the proposed project, and to the government of those American
				Indian tribes or bands with federally recognized treaty rights in the area of
				the project.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 131 - Nonferrous Metallic Mineral Prospecting › Section NR 131.108 - Prospecting plan

Current through June 24, 2024
The prospecting plan shall include all of the
				  following:
(1) A detailed map of the
				proposed prospecting site.
(2)
				Details of the nature, extent, and final configuration of the proposed
				excavation and prospecting site including location and total production of
				mining waste, refuse and the nature and depth of overburden.
(3) Details of the proposed operating
				procedures, including all of the following:
(a) Prospecting operation sequence including
				site preparation and construction.
(b) Handling of topsoil, overburden, and
				waste rock materials.
(c) Storage,
				loading, and transportation of material to be transported off of the
				prospecting site for further analyses.
(d) Groundwater and surface water management
				techniques including provisions for erosion prevention and control, drainage
				control and a detailed water management plan showing sources, flow paths and
				flow rates, storage volumes, and release points. The water management plan
				shall include a detailed water budget that includes groundwater and surface
				water and plans for collection, treatment, and discharge of water resulting
				from the operation.
(e) Plans for
				adequate covering or isolation of all pollutant-bearing minerals or materials
				handled on the site.
(f) Plans for
				the collection, disposal, and recycling of refuse and solid waste materials
				generated during the life of the project but not regulated as mining waste
				under ch. NR 182.
(g) Plans for air
				quality protection as required under ch. 285, Stats.
(h) A risk assessment of possible accidental
				health and environmental hazards potentially associated with the prospecting
				operation. Contingency measures with respect to these risks and hazards, and
				the assumptions in this assessment, shall be explicitly stated.
(i) Measures for notifying the public and
				responsible governmental agencies of potentially hazardous conditions including
				the movement or accumulation of contaminants in groundwater and surface water,
				soils, and vegetation and other consequences of the operation of importance to
				public health, safety and welfare.
(j) Description of all surface facilities
				associated with the prospecting site.
(k) Description of anticipated geological and
				geotechnical investigations and drilling programs to be conducted on the
				prospecting site.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 131 - Nonferrous Metallic Mineral Prospecting › Section NR 131.109 - Reclamation plan

Current through June 24, 2024
The operator shall reclaim prospecting sites in accordance
				  with a reclamation plan approved by the department. If a prospecting site is
				  part of a prospective mining site to be regulated under ch. NR 132, the
				  reclamation plan shall include provisions for interim and permanent reclamation
				  of the prospecting site. Prospecting sites shall be permanently reclaimed
				  within 4 years after completion of prospecting unless the prospecting site is
				  part of a site included under a pre-application notification submitted under s.
				  NR 132.105 or a mining permit application submitted under s. NR 132.107. The
				  reclamation plan for the prospecting site shall include all of the
				  following:
(1) Detailed information
				and maps on reclamation procedures including all of the following:
(a) Manner, location, sequence, and
				anticipated duration of reclamation.
(b) Ongoing reclamation procedures during
				prospecting operations.
(c)
				Proposed interim and final topography and slope stabilization.
(d) Proposed final land use and relationship
				to surrounding land and land uses.
(e) Plans for long-term maintenance of the
				prospecting site, including all of the following:
1. Monitoring of all of the following, as
				applicable:
a. Wastes, groundwater levels and
				quality, and surface water levels and quality.
b. Leachate, slope stability, vegetation,
				groundwater elevation, surface water flows and elevations, wetlands, and other
				aquatic and terrestrial systems.
2. Details related to decommissioning or
				removing monitoring devices that are no longer in use.
3. The need for long-term water control,
				management, and treatment systems necessary to prevent pollution of groundwater
				or surface water.
4. Names of
				persons legally and operationally responsible for long-term
				maintenance.
(f)
				Projected costs of reclamation including an itemized statement showing the
				estimated costs that will be incurred by the state if it is necessary for the
				state to implement and fulfill the reclamation plan.
(g) Projected costs of periodic repair or
				replacement of any engineered cover systems or water management control systems
				used at the mining waste site, if one is constructed, to avoid adverse
				environmental consequences. The estimate shall cover the costs reasonably
				anticipated to occur during the period between 40 and 250 years after closure
				of the mining waste site.
(h)
				Proposed quantitative criteria and evaluation methods to demonstrate success
				and long-term stability of final reclamation for purposes of determining
				acceptable completion of reclamation and issuance of a certification of
				completion of reclamation under s. NR 131.122.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 131 - Nonferrous Metallic Mineral Prospecting › Section NR 131.110 - Location criteria and environmental standards

Current through June 24, 2024
(1) No person may
				establish, construct, operate, or maintain the use of property for any
				prospecting related buildings, roads, ponds, or other purposes within the
				following areas except pursuant to an exemption granted under s. NR 131.112 or
				in compliance with another approval, license, or permit issued by the
				department:
(a) Within areas identified as
				unsuitable under s. NR 131.103(25) unless the applicant conclusively certifies
				that he or she will not subsequently make application for a permit to conduct
				surface mining at the site.
(b)
				Within 500 feet of the ordinary high-water mark of any existing navigable lake,
				pond, or flowage.
(c) Within 500
				feet of the ordinary high-water mark of a navigable river or stream.
(d) Within a floodplain.
(e) Within 1,000 feet of the nearest edge of
				the right-of-way of any of the following unless, regardless of season, the site
				is visually inconspicuous due to screening or being visually absorbed due to
				natural objects, compatible natural plantings, earth berm, or other appropriate
				means, or unless, regardless of season, the site is screened so as to be
				aesthetically pleasing and inconspicuous to the extent feasible:
1. Any state trunk highway, interstate, or
				federal primary highway.
2. The
				boundary of a state public park.
3.
				The boundary of a scenic easement purchased by the department or the department
				of transportation.
4. The boundary
				of a designated scenic or wild river.
5. A scenic overlook designated by the
				department by administrative rule.
6. A bike or hiking trail designated by the
				United States congress or the state legislature.
(f) Within wetlands, except pursuant to the
				provisions under s.
				281.36,
				Stats.
(g) Within areas that will
				result in noncompliance with applicable groundwater quality and quantity
				protection provisions.
(h) Within
				areas that will result in noncompliance with other applicable federal and state
				laws and regulations.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 131 - Nonferrous Metallic Mineral Prospecting › Section NR 131.111 - Minimum design and operation

Current through June 24, 2024
An operator shall construct, establish, operate and maintain
				  a prospecting site in conformance with the conditions attached to the
				  prospecting permit, and all of the following requirements:
(1) An operator shall construct a prospecting
				site to meet all of the following requirements:
(a) Place site elements where least
				observable from off the premises in any season.
(b) Place site elements within the area of
				the overall site that is most visually compatible in respect to building
				shape.
(c) Paint and maintain
				buildings and other structures in a manner that is visually compatible with the
				surrounding vegetational and earth conditions. 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
				shall be made as visually inconspicuous as is practicable.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 131 - Nonferrous Metallic Mineral Prospecting › Section NR 131.112 - Exemptions and variances

Current through June 24, 2024
(1) AUTHORITY TO
				GRANT EXEMPTIONS AND VARIANCES. The department may grant an exemption or
				variance, as provided in this section, from any of the requirements of this
				chapter applicable to any of the following:
(a) A prospecting permit application,
				including the prospecting plan, reclamation plan, monitoring plan, mining waste
				site feasibility study, and mining waste site plan of operation.
(b) A prospecting permit.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 131 - Nonferrous Metallic Mineral Prospecting › Section NR 131.114 - Prospecting permit issuance

Current through June 24, 2024
(1) Unless denied
				pursuant to s. NR 131.115 and except with respect to property specified in s.
				41.41(11),
				Stats., within 60 days of the completion of the record for the public hearing
				held under s.
				293.43,
				Stats., the department shall issue the prospecting permit if it finds all of
				the following:
(a) The prospecting plan and
				reclamation plan comply with this chapter and ch. 293, Stats., and the
				prospecting plan and reclamation plan are approved as part of the prospecting
				permit.
(b) The site is not
				unsuitable for prospecting.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 131 - Nonferrous Metallic Mineral Prospecting › Section NR 131.115 - Prospecting permit denial

Current through June 24, 2024
(1) DENIAL. Within
				60 days of the completion of the record for the public hearing held under s.
				293.43,
				Stats., the department shall deny the prospecting permit if it finds any of the
				following:
(a) The prospecting site is
				unsuitable for prospecting or, absent certification under s.
				293.35(1),
				Stats., surface mining.
(b) The
				prospecting plan and the reclamation plan will not comply with the minimum
				standards for prospecting and reclamation as provided in ss. NR 131.108 and
				131.109.
(c) The applicant is in
				violation of ch. 293, Stats., and the provisions of this chapter.
(d) The applicant has within the previous 20
				years forfeited any bond posted in accordance with prospecting or mining
				activities in this state, unless by mutual agreement with the state.
(e) Any officer or director of the applicant
				has, while employed by the applicant, the applicant's parent corporation, any
				of the applicant's principal shareholders, or any of the applicant's
				subsidiaries or affiliates, in which the applicant owns more than a 40 percent
				interest, within the previous 20 years forfeited any bond posted in accordance
				with prospecting or mining activities in this state unless by mutual agreement
				with the state.
(f) The proposed
				prospecting operation may reasonably be expected to create any of the following
				situations:
1. Landslides or substantial
				deposition from the proposed operation in stream or lake beds which cannot be
				feasibly prevented.
2. Significant
				surface subsidence which cannot be reclaimed because of the geologic
				characteristics present at the proposed site.
3. Hazards resulting in irreparable damage to
				any of the following, which cannot be prevented under the requirements of ch.
				293, Stats., avoided to the extent applicable by removal from the area of
				hazard or mitigated by purchase or by obtaining the consent of the owner:
a. Dwelling houses.
b. Public buildings.
c. Schools.
d. Churches.
e. Cemeteries.
f. Commercial or institutional
				buildings.
g. Public
				roads.
h. Other public property
				designated by the department.
4. Irreparable environmental damage to lake
				or stream bodies despite adherence to the requirements of ch. 293, Stats. This
				subdivision does not apply to an activity which the department has authorized
				pursuant to statute, except that the destruction or filling in of a lakebed
				shall not be authorized notwithstanding any other provision of the
				law.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 131 - Nonferrous Metallic Mineral Prospecting › Section NR 131.116 - Reclamation bond and other financial assurance securities

Current through June 24, 2024
(1)
(a) Upon notification that a prospecting
				permit has been issued by the department but prior to commencing prospecting,
				the operator shall file with the department a bond conditioned on faithful
				performance of all of the requirements of this chapter and ch. 293, Stats. In
				lieu of a bond, the operator may deposit cash, certificates of deposit, or
				government securities with the department. Interest received on certificates of
				deposit and government securities shall be paid to the operator. The amount of
				the bond or other security required shall be equal to the estimated cost to the
				state of fulfilling the reclamation plan, in relation to that portion of the
				site that will be disturbed by the end of the following year. The department
				shall determine the estimated cost of reclamation of each prospecting site on
				the basis of relevant factors including expected changes in the price index,
				topography of the site, methods being employed, depth and composition of
				overburden, and depth of the prospecting excavation.
(b) The department, as provided under s.
				293.53(1)
				(a), Stats., may increase the amount of the
				bond, cash, certificates of deposit, or government security filed under par.
				(a) to assure adequate financing for the reclamation plan.
(c) A bond filed under par. (a) shall be
				issued by a surety company licensed to do business in Wisconsin. If the surety
				company's license to do business is revoked or suspended, the operator, within
				30 days after receiving written notice thereof from the department, shall
				substitute surety underwritten by a surety company licensed to do business in
				Wisconsin. Upon failure of the operator to make a substitution, the department
				shall suspend the operator's prospecting permit until an acceptable substitute
				surety has been submitted.
(d) A
				bond filed under par. (a) shall provide that the bond shall not be canceled by
				the surety, except after not less than 90 days' notice to the department in
				writing by registered or certified mail. Not less than 30 days prior to the
				expiration of the 90-day notice of cancellation, the operator shall deliver to
				the department a replacement bond in the absence of which all prospecting shall
				cease.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 131 - Nonferrous Metallic Mineral Prospecting › Section NR 131.117 - Monitoring

Current through June 24, 2024
(1) The operator shall monitor the
				prospecting site and adjacent areas in accordance with the monitoring plan
				approved as part of the prospecting permit. The department may require the
				operator to perform additional monitoring of environmental changes during the
				course of the permitted activity and for such additional periods of time as is
				necessary to satisfactorily complete reclamation of the prospecting site and
				long-term care of the mining waste facility, if constructed as part of the
				prospecting operation.
(2) The
				department may monitor environmental changes concurrently with the operator as
				stated in sub. (1) and for an additional period after the full reclamation bond
				is released under s.
				293.63,
				Stats.
(3)
(a) Baseline data, monitoring data, and the
				monitoring plan shall be reviewed at the time of annual permit review or at
				such time as the operator requests any modification of the prospecting permit,
				prospecting plan, reclamation plan or monitoring plan.
(b) Baseline data and monitoring data shall
				be considered by the department in all enforcement actions including issuance
				of a stop order to an operator, requiring an immediate cessation of mining, in
				whole or in part, at any time that the department determines that there exists
				an immediate and substantial threat to public health and safety or the
				environment.
(c) If the analyses of
				samples indicate the quality of the groundwater is statistically significantly
				different from either baseline or background, the operator shall notify the
				department immediately and implement applicable provisions of the contingency
				plan submitted under s. NR 182.109(2) (d) or 131.107(3) (L).
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 131 - Nonferrous Metallic Mineral Prospecting › Section NR 131.118 - Inspections

Current through June 24, 2024
(1) Subject to applicable state and federal
				safety rules or regulations, any authorized officer, employee, or
				representative of the department may enter and inspect any property, premises
				or place on or at which any prospecting operation or facility is located or is
				being constructed or installed at any reasonable time for the purpose of
				ascertaining the state of compliance with this chapter and chs. 30, 281, 283,
				285, 289 to 292, and 299, Stats., and rules adopted under those
				chapters.
(2) No operator may
				refuse entry or access to any authorized representative of the department who
				requests entry for purposes of inspection, and who presents appropriate
				credentials, nor may any person obstruct, hamper, or interfere with any such
				inspection.
(3) The department
				shall furnish to the operator a written report on any inspection setting forth
				all observations, relevant information, and data that relate to compliance
				status.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 131 - Nonferrous Metallic Mineral Prospecting › Section NR 131.121 - Certificate of completion of reclamation and reclamation bond release

Current through June 24, 2024
(1)
				Upon completion of final reclamation in accordance with the approved
				reclamation plan for a portion of the prospecting site or the entire
				prospecting site the operator may provide notice to the department that final
				reclamation has been completed. The notice shall include all of the following:
(a) Clear delineation of the portion of the
				prospecting site addressed by the notification.
(b) Documentation that all applicable
				reclamation success criteria specified in the approved reclamation plan have
				been satisfied for the portion of the prospecting site addressed in the
				notification.
(c) Identification of
				routine management and maintenance activities that may be necessary to maintain
				the reclaimed portion of the site.
(d) Documentation of ongoing reclamation
				monitoring activities.
(e)
				Documentation that the reclamation activities, as implemented, have achieved
				the minimum standards as required in s.
				293.13(2)
				(c), Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 131 - Nonferrous Metallic Mineral Prospecting › Section NR 131.122 - Enforcement

Current through June 24, 2024
(1) The department may cancel a prospecting
				permit as provided in ss.
				293.83(3)
				and
				293.85,
				Stats.
(2) Any person who makes a
				statement, known to the person to be false or misleading in any material
				respect or causes, such a statement to be made in an application or report
				required under this chapter, who refuses to file any report required under this
				chapter, or who refuses to submit information required by the prospecting
				permit may be fined not less than $1,000 nor more than $5,000. If the false or
				misleading statement is material to the issuance of the permit, the permit may
				be revoked. If any violation under this subsection is repeated the permit may
				be revoked.
(3) Penalties for
				violations may be imposed in accordance with s.
				293.87,
				Stats. Penalties may include revocation of a permit as set forth in s.
				293.87,
				Stats.
(4) Six or more citizens may
				file a complaint relating to alleged or potential environmental pollution
				caused by a prospecting operation. The department shall process verified
				complaints related to alleged or potential environmental pollution as provided
				under s.
				299.91,
				Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 132 - Nonferrous Metallic Mineral Mining › Section NR 132.101 - Purpose

Current through June 24, 2024
The purpose of this chapter is to implement ch. 293, Stats.,
				  by establishing procedures and standards for the comprehensive regulation of
				  nonferrous metallic mineral mining in this state and facilitating a coordinated
				  procedure by which department permits, licenses, and approvals may be applied
				  for, hearings may be held, and determinations may be made by the department in
				  an integrated manner.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 132 - Nonferrous Metallic Mineral Mining › Section NR 132.102 - Applicability

Current through June 24, 2024
(1) The provisions of this chapter are
				applicable to all nonferrous metallic mineral mining, including the storage,
				handling, processing, transportation, and disposal of all materials resulting
				from a mining operation except to the extent that mining wastes are regulated
				under ch. NR 182.
(2) If a standard
				under any state or federal statute, rule, or regulation other than this chapter
				specifically regulates in whole an activity or facility on a mining site
				regulated under this chapter the other state or federal statute, rule, or
				regulation shall be the controlling standard. If the other state or federal
				statute, rule, or regulation only specifically regulates the activity or
				facility in part, the other statute, rule, or regulation shall only be
				controlling as to that part.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 132 - Nonferrous Metallic Mineral Mining › Section NR 132.104 - Environmental baseline data collection prior to preapplication notification

Current through June 24, 2024
(1) A person who intends to submit a
				preapplication notification under s.
				293.31,
				Stats., may, prior to obtaining, collecting, or generating environmental
				baseline data intended to be used to support the permit application, submit to
				the department a description of the methodology that the person intends to use
				in obtaining, collecting, or generating the data. The description shall specify
				sampling equipment and instrumentation, sampling locations, sample collection
				protocols, sampling schedules, analytical methods and reporting procedures. The
				person shall provide the department with a complete electronic version of the
				information submitted under this subsection in a format prescribed by the
				department and duplicate reproducible paper copies of the information in a
				quantity specified by the department.
(2) Any request under sub. (1) for department
				review of proposed environmental data collection methodology shall be
				accompanied by a fee of $1,500. The department may waive the fee if the
				requested review is of limited scope or is substantively duplicative of
				previous requests.
(3)
(a) The department shall review the proposed
				methodology and shall either inform the person that the proposed methodology is
				accepted by the department or provide the person with the methodology that the
				department requires the person to use.
(b) The department review under this
				subsection is limited specifically to the proposed methodology for data
				collection and analysis. Department approval of the methodology is not an
				endorsement or approval of the intended data collection program, including
				adequacy of the scope of the data collection program and appropriateness of
				sampling locations and analytical parameters.
(c) In approving the proposed methodology
				under this subsection, the department may require the person to provide notice
				to the department prior to specific data collection activities to facilitate
				verification of data collection by department staff, as necessary.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 132 - Nonferrous Metallic Mineral Mining › Section NR 132.106 - Mining project review fee

Current through June 24, 2024
(1) When a person gives notice under s. NR
				132.105(1) of the person's intention to apply for a mining permit, the person
				shall pay the department a fee of $100,000 to reimburse the department for
				costs incurred by the department in connection with review of the proposed
				mining project during the year following receipt of the notice, other than any
				costs related to the environmental impact statement for the proposed
				mining.
(2) The department shall
				annually compare the fees paid under this section and under chs. 30, 280 to
				292, and 295 to 299, Stats., in connection with proposed mining for which
				notice was given under s. NR 132.105(1) with the costs incurred by the
				department in connection with the proposed mining project, including the costs
				incurred under chs. 30, 280 to 292, and 295 to 299, Stats., but excluding costs
				related to the environmental impact statement. If the costs incurred exceed the
				fees paid, the person who provided notice under s. NR 132.105(1) shall pay a
				fee equal to the amount by which the costs exceed the fees previously
				paid.
(3) When the department
				issues or denies a mining permit or when a person who gave notice under s. NR
				132.105(1) ceases to seek approval of the proposed mining project, the
				department shall compare the fees paid under this section and under chs. 30,
				280 to 292, and 299, Stats., in connection with the proposed mining project
				with the costs incurred by the department in connection with the proposed
				mining project, including the costs incurred under chs. 30, 280 to 292, and
				299, Stats., but excluding costs related to the environmental impact statement.
				If the costs incurred are less than the fees paid, the department shall pay the
				person who gave notice under s. NR 132.105(1) the amount by which the fees
				exceed the costs. If the costs incurred exceed the fees paid, the person who
				gave notice under s. NR 132.105(1) shall pay a final fee equal to the amount by
				which the costs exceed the fees previously paid.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 132 - Nonferrous Metallic Mineral Mining › Section NR 132.107 - Application to mine

Current through June 24, 2024
(1) No person may engage in mining or
				reclamation at any mining site that is not covered by a mining permit and a
				written authorization to mine as provided in s. NR 132.116(4).
(2) No application for surface mining will be
				entertained by the department if within the previous 5 years the applicant, or
				a different person who had received a prospecting permit for a site had
				certified under s.
				293.35(1),
				Stats., that he or she would not subsequently make application for a permit to
				conduct surface mining at the site.
(3)
(a) An
				applicant shall submit an application to the department in writing and in
				reproducible form and shall provide the department with paper copies of the
				application in a quantity specified by the department. The applicant shall also
				submit a complete copy of the application in an electronic format prescribed by
				the department.
(b) Upon receipt of
				the application under par. (a), the department shall give public notice of the
				department's receipt of the application and the availability, for review, of
				the mining permit application and additional documents specified under sub.
				(5), in the same manner as provided under s.
				293.43(2m)
				(b), Stats., and to the government of any
				American Indian tribe or band whose reservation boundaries are within 60 miles
				of any portion of the proposed project, and to the government of those American
				Indian tribes or bands with federally recognized treaty rights in the area of
				the project.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 132 - Nonferrous Metallic Mineral Mining › Section NR 132.108 - Mining plan

Current through June 24, 2024
The mining plan shall include all of the following:
(1) A detailed map of the proposed mining
				site in accordance with s.
				293.37(2)
				(a), Stats.
(2) Details of the nature, extent, and final
				configuration of the proposed excavation and mining site including location and
				total production of tailings and other mining refuse and the nature and depth
				of overburden.
(3) Details of the
				proposed operating procedures, including all of the following:
(a) Mining operation sequence and duration
				including site preparation, construction, operation and reclamation.
(b) Handling of topsoil, merchantable
				by-products, overburden, and waste rock materials.
(c) Tailings production, handling, and final
				disposition, including design specifications for any tailings transport
				pipelines.
(d) Ore processing
				including crushing, milling, concentrating, refining, and reagent use and
				storage.
(e) Storage, loading, and
				transportation of final product.
(f) Groundwater and surface water management
				techniques including provisions for erosion prevention and control, drainage
				control and a detailed water management plan showing sources, flow paths and
				flow rates, storage volumes, and release points. The water management plan
				shall include a detailed water budget that includes groundwater, surface water
				and process waters.
(g) Plans for
				adequate covering or isolation of all pollutant-bearing minerals or materials
				handled on the site.
(h) Plans for
				collection, treatment, and discharge of water resulting from the
				operation.
(i) Plans for the
				collection, disposal, and recycling of refuse and solid waste materials
				generated during the life of the project but not regulated as mining waste
				under ch. NR 182.
(j) Plans for air
				quality protection as required under ch. 285, Stats.
(k) A risk assessment of possible accidental
				health and environmental hazards potentially associated with the mining
				operation. The risk assessment shall include contingency measures with respect
				to these risks and hazards, and the assumptions in this assessment, shall be
				explicitly stated.
(l) Measures for
				notifying the public and responsible governmental agencies of potentially
				hazardous conditions including the movement or accumulation of contaminants in
				groundwater and surface water, soils, and vegetation and other consequences of
				the operation of importance to public health, safety and welfare.
(m) Description of all surface facilities
				associated with the mining site.
(n) Description of anticipated geological and
				geotechnical investigations and drilling programs.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 132 - Nonferrous Metallic Mineral Mining › Section NR 132.109 - Reclamation plan

Current through June 24, 2024
The reclamation plan for the mining site shall include all
				  of the following:
(1) Detailed
				information and maps on reclamation procedures including all of the following:
(a) Manner, location, sequence, and
				anticipated duration of reclamation.
(b) Ongoing reclamation procedures during
				mining operations.
(c) Proposed
				interim and final topography and slope stabilization.
(d) Proposed final land use and relationship
				to surrounding land and land use.
(e) Plans for long-term maintenance of the
				mining site, including all of the following:
1. Monitoring of all of the following, as
				applicable:
a. Wastes, groundwater levels and
				quality, and surface water levels and quality.
b. Leachate, slope stability, vegetation,
				groundwater elevation, surface water flows and elevations, wetlands, and other
				aquatic and terrestrial systems.
2. Details related to decommissioning or
				removing monitoring devices that are no longer in use.
3. The need for long-term water control,
				management, and treatment systems necessary to prevent pollution of groundwater
				or surface water.
4. Names of
				persons legally and operationally responsible for long-term
				maintenance.
(f)
				Projected costs of reclamation including an itemized statement showing the
				estimated costs that will be incurred by the state if it is necessary for the
				state to implement and fulfill the reclamation plan.
(g) Projected costs of periodic repair or
				replacement of any engineered cover systems or water management control systems
				used at the mining site or mining waste site to avoid adverse environmental
				consequences. The estimate shall cover the costs reasonably anticipated to
				occur during the period between 40 and 250 years after closure of the mining
				waste site.
(h) Proposed
				quantitative criteria and evaluation methods to demonstrate success and
				long-term stability of final reclamation for purposes of determining acceptable
				completion of reclamation and issuance of a certification of completion of
				reclamation under s. NR 132.122.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 132 - Nonferrous Metallic Mineral Mining › Section NR 132.110 - Location criteria and environmental standards

Current through June 24, 2024
(1) No person shall
				establish, construct, operate, or maintain the use of property for any mining
				related buildings, roads, ponds, or other purposes within the following areas,
				except pursuant to an exemption granted under s. NR 132.112 or in compliance
				with another approval, license, or permit issued by the department:
(a) Within areas identified as unsuitable
				under s. NR 132.103(23).
(b) Within
				500 feet of the ordinary high-water mark of any existing navigable lake, pond,
				or flowage.
(c) Within 500 feet of
				the ordinary high-water mark of a navigable river or stream.
(d) Within a floodplain.
(e) Within 1,000 feet of the nearest edge of
				the right-of-way of any of the following unless regardless of season, the site
				is visually inconspicuous due to screening or being visually absorbed due to
				natural objects, compatible natural plantings, earth berm, or other appropriate
				means, or unless, regardless of season, the site is screened so as to be
				aesthetically pleasing and inconspicuous to the extent feasible:
1. Any state trunk highway, interstate, or
				federal primary highway.
2. The
				boundary of a state public park.
3.
				The boundary of a scenic easement purchased by the department or the department
				of transportation.
4. The boundary
				of a designated scenic or wild river.
5. A scenic overlook designated by the
				department by rule.
6. A bike or
				hiking trail designated by the United States congress or the state
				legislature.
(f) Within
				wetlands, except pursuant to the provisions under s.
				281.36,
				Stats.
(g) Within areas that will
				result in noncompliance with applicable groundwater quality and quantity
				protection provisions.
(h) Within
				areas that will result in noncompliance with other applicable federal and state
				laws and regulations.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 132 - Nonferrous Metallic Mineral Mining › Section NR 132.111 - Minimum design and operation

Current through June 24, 2024
An operator shall construct, establish, operate, and
				  maintain a mining site in conformance with the requirements of this chapter,
				  conditions attached to the mining permit, and all of the following
				  requirements:
(1) An operator shall
				construct a mining site to meet all of the following requirements:
(a) Place site elements where least
				observable from off the premises in any season.
(b) Place site elements within the area of
				the overall site that is most visually compatible in respect to building
				shape.
(c) Paint and maintain
				buildings and other structures in a manner that is visually compatible with the
				surrounding vegetational and earth conditions. 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
				shall be made as visually inconspicuous as is practicable.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 132 - Nonferrous Metallic Mineral Mining › Section NR 132.112 - Exemptions and variances

Current through June 24, 2024
(1) AUTHORITY TO
				GRANT EXEMPTIONS AND VARIANCES. The department may grant an exemption or
				variance, as provided in this section, from any of the requirements of this
				chapter applicable to any of the following:
(a) A mining permit application, including
				the mining plan, reclamation plan, monitoring plan, mining waste site
				feasibility study, and mining waste site plan of operation.
(b) A mining permit.