Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 131 - Nonferrous Metallic Mineral Prospecting › Section NR 131.120 - Prospecting permit and plan modification

Current through June 24, 2024
(1) If the
				department after review of the prospecting permit, prospecting plan and
				reclamation plan determines that the permit or plans should be modified or the
				bond amount changed, it shall notify the permit holder of the necessary
				modifications or changes. If the permit holder does not request a hearing
				within 30 days, the modifications or changes shall be deemed
				accepted.
(2) An operator, at any
				time, may apply for amendment or cancellation of a prospecting permit or for a
				change in the prospecting plan, reclamation plan, or monitoring plan for any
				prospecting operation that the operator owns or leases.
(a) 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 prospecting site or to be affected by a change in
				the prospecting or reclamation plans. The request shall clearly identify any
				proposed changes in the prospecting plan, reclamation plan, or monitoring plan,
				reasons for the changes and anticipated environmental and economic impacts of
				the proposed changes.
(b) The
				department shall determine if any change in the prospecting plan, reclamation
				plan, or monitoring plan substantially broadens or changes the scope of the
				original prospecting project and provide notice of its determination in the
				same manner as specified under s.
				293.43(2m)
				(b), Stats.
(c) The department shall provide notice of
				any modification that involves an increase or decrease in the area of a
				prospecting site or a substantial change in the prospecting plan, reclamation
				plan, or monitoring plan in the same manner as an original application for a
				prospecting permit under s.
				293.43(2m),
				Stats. If 5 or more interested persons do not request a hearing in writing
				within 30 days of notice, no hearing is required on the modification. The
				notice shall include a statement to this effect.
(d) 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. Any information presented in a prior hearing on either the original
				application or any previous modification may be offered as part of the hearing
				record on the proposed modification.
(e) If the application is to cancel any
				portion of a prospecting site, the department shall verify that prospecting has
				not occurred on the portion of the prospecting site identified in the request.
				If the department finds that no prospecting has occurred, the department shall
				modify the prospecting permit accordingly and, if applicable, shall authorize
				the operator to modify the financial securities required under s. NR 131.116 to
				reflect the decrease in the prospecting site.