Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 132 - Nonferrous Metallic Mineral Mining › Section NR 132.113 - Timeline for review of mining permit application

Current through June 24, 2024
(1) Subject to
				subs. (4) and (5), within 180 days after an applicant submits an application
				for a mining permit, an environmental impact report, if required, and any
				applications for other approvals, licenses, or permits relating to the mining
				operation, the department shall review the information submitted and, if
				necessary, provide comments to the applicant and request additional information
				from the applicant relating to the proposed mining project. The applicant shall
				provide any additional information required under this section in a manner and
				format prescribed by the department.
(2) Subject to subs. (4) and (5), if the
				department requests additional information from an applicant under sub. (1),
				within 90 days after the applicant provides additional information the
				department shall review the information submitted and, if necessary, provide
				comments to the applicant and request additional information from the applicant
				relating to the proposed mining project.
(3) Subject to sub. (5), if the department
				requests additional information from an applicant under sub. (2), within 180
				days after the applicant provides additional information the department shall
				prepare a draft environmental impact statement, a draft mining permit, and
				draft approvals, licenses, or permits relating to the mining operation. If the
				department requests additional information from an applicant under sub. (1),
				but not under sub. (2), the department shall prepare these draft documents
				within 180 days after the expiration of the 90-day period under sub. (2). If
				the department does not request additional information from an applicant under
				sub. (1) or (2), the department shall prepare those draft documents within 180
				days after the expiration of the 180-day period under sub. (1).
(4) Subject to sub. (5), if before the
				expiration of the 90-day period under sub. (2) the secretary of the department
				determines that the applicant has made a substantial modification to the mining
				plan or reclamation plan that significantly changes the information necessary
				to prepare an environmental impact statement or adequately review an
				application, the department shall notify the applicant of the secretary's
				determination and request additional information from the applicant. In
				reaching this determination, the department shall consider the extent to which
				the modification necessitates new data collection programs and analyses or
				substantive expansions or modifications of ongoing monitoring activities and
				analyses. Upon submission of additional information by the applicant, the
				timeline under this section shall begin again, starting with the period
				described in sub. (1). A determination by the secretary under this subsection
				is not subject to administrative or judicial review and may be made only once
				during an applicant's permitting process.
(5) The department and the applicant may
				agree to modify all or part of the timeline under this section.
(6) The department may request additional
				information needed to process a mining permit application or any other
				application for an approval, license, or permit related to the mining operation
				after making requests for additional information under this section, but the
				department may not delay the application and review process based on another
				request for additional information.