Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 132 - Nonferrous Metallic Mineral Mining › Section NR 132.120 - Mining permit and plan modifications

Current through June 24, 2024
(1) MODIFICATION OF
				MINING PERMIT AND ASSOCIATED PLANS.
(a)
Application.
An operator, at any time, may apply for amendment
				or cancellation of a mining permit or for a change in the mining plan,
				reclamation plan, or monitoring plan for any mining operation that the operator
				owns or leases. The operator shall submit any application for the amendment,
				cancellation, or change in a format specified by the department. The request
				shall identify the tract of land to be added to or removed from the permitted
				mining site or to be affected by a change in the mining or reclamation plans.
				The request shall clearly identify any proposed changes in the mining plan,
				reclamation plan, or monitoring plan, reasons for the changes and anticipated
				environmental and economic impacts of the proposed changes.
(b)
Procedure.
Except as
				provided under par. (d), the department shall process the application for an
				increase or decrease in the area of a mining site or for a substantial change
				in the mining plan, reclamation plan, or monitoring plan in the same manner as
				an original application for a mining permit.
(c)
Substantial changes.
The
				department shall determine if any change in the mining plan, reclamation plan,
				or monitoring plan is substantial and provide notice of its determination in
				the same manner as specified under s.
				293.43(2m)
				(b), Stats.
(d)
Notice.
The department
				shall provide notice of any modification that involves an increase or decrease
				in the area of a mining site or a substantial change in the mining plan,
				reclamation plan, or monitoring plan in the same manner as an original
				application for a mining permit under s.
				293.43(2m),
				Stats. If the department receives less than 5 requests in writing from
				interested persons for a public hearing within 30 days of notice, no hearing is
				required on the modification. The notice shall include a statement to this
				effect.
(e)
Hearing.
If the department holds a hearing, it shall be
				conducted as an informational hearing and shall be subject to the notice and
				procedural provisions under s.
				293.43(3m),
				Stats. The department may offer any information presented in a prior hearing on
				either the original application or any previous modification as part of the
				hearing record on the proposed modification.
(f)
Removal.
If the
				application cancels any portion of the unmined area of a mining site, the
				department shall verify that mining has not occurred on the portion of the
				mining site identified in the request. If the department finds that no mining
				has occurred, the department shall modify the mining permit and the operator's
				written authorization to conduct mining on the mining site accordingly and, if
				applicable, shall authorize the operator to modify the financial securities
				required under s. NR 132.116 to reflect the decrease in the mining
				site.