Chapter NR 130

subch. I of ch. NR 130 Subchapter I — Nonferrous Metallic Mineral Exploration

NR 130.101 NR 130.101 Purpose. The purpose of this subchapter is to establish licensing and notice procedures and ensure compliance with minimum standards for nonferrous metallic mineral exploration in this state.

NR 130.101 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 130.102 NR 130.102 Applicability. The provisions of this subchapter are applicable to all nonferrous metallic mineral exploration as defined in s. NR 130.103 (8). This subchapter does not apply to operators engaged in exploration on lands included in a mining and reclamation plan approved as part of a mining permit issued under s. 293.49, Stats., if the plan contains provisions relating to termination of the exploration activities.

NR 130.102 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 130.103 NR 130.103 Definitions. In this chapter:

NR 130.103(1) (1) “Abandonment” means filling or sealing a drillhole in accordance with the procedures specified in s. NR 130.111.

NR 130.103(2) (2) “Concrete grout” means a mixture consisting of 94 pounds of cement, sand and water meeting the material specifications of s. NR 812.11 (15) (c).

NR 130.103(3) (3) “Department” means the department of natural resources.

NR 130.103(4) (4) “Driller” means a person who performs core, rotary, percussion, or other drilling involved in exploration for nonferrous metallic minerals.

NR 130.103(5) (5) “Drilling mud” means a fluid mixture of water, drill cuttings and drilling additives approved by the department.

NR 130.103(6) (6) “Drilling site” means the area disturbed by exploration including the drillhole, drill pad, sumps, staging areas, and access roads.

NR 130.103(7) (7) “Explorer” means any person who engages in exploration or who contracts for the services of drillers for the purpose of exploration.

NR 130.103(8) (8) “Exploration” means the on-site geologic examination from the surface of an area by core, rotary, percussion, or other drilling, where the diameter of the hole does not exceed 18 inches, for the purpose of searching for nonferrous metallic minerals or establishing the nature of a known nonferrous metallic mineral deposit and includes associated activities such as clearing and preparing drilling sites and constructing access roads. For the purposes of the definition of exploration, geologic examination does not include drillholes constructed for the purpose of collecting soil samples, conducting geophysical surveys or groundwater investigations, or determining radioactivity by means of placement of radiation-sensitive devices.

NR 130.103(9) (9) “Exploration license” means the license required under s. 293.21 (2), Stats., as a condition of engaging in exploration.

NR 130.103(10) (10) “Flowing drillhole” means a drillhole that has a static water level above the ground surface.

NR 130.103(11) (11) “License year” means the period commencing on July 1 of any year and ending on the following June 30.

NR 130.103(11m) (11m) “Metallic sulfide-bearing rock” means native rock formations that contain an average metallic sulfide content of 3 percent or greater, by volume, for the purposes of management and disposal of drilling mud and cuttings under this subchapter.

NR 130.103(12) (12) “Neat cement grout” means a mixture of cement and water meeting the material specifications of s. NR 812.11 (15) (b). Powdered bentonite may be added up to a ratio of 5 pounds per 94-pound bag of cement.

NR 130.103(12m) (12m) “Nonferrous metallic mineral” has the meaning given in s. 293.01 (12m), Stats.

NR 130.103(13) (13) “Parcel” means an identified section, fractional section, or government lot.

NR 130.103(14) (14) “Permanent abandonment” means filling an exploration drillhole with concrete, neat cement grout or other approved materials as provided in s. NR 130.111 (1) (b).

NR 130.103(15) (15) “Temporary abandonment” means sealing the upper end of the exploration drillhole casing with a watertight and locking threaded or welded cap.

NR 130.103(16) (16) “Termination” means filling of drillholes and reclamation and revegetation of drilling sites.

NR 130.103 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (3), (14) made under s. 35.17, Stats., and correction in (2), (11m), (12) made under s. 13.92 (4) (b) 7., Stats., Register December 2021 No. 792.

NR 130.105 NR 130.105 Application for an exploration license.

NR 130.105(1) (1) No explorer may engage in exploration without securing an exploration license.

NR 130.105(2) (2) Any explorer intending to engage in exploration shall file an application for an exploration license with the department upon forms prepared and furnished by the department. The application shall be accompanied by all of the following:

NR 130.105(2)(a) (a) A fee of $600.00.

NR 130.105(2)(b) (b) An original, signed surety bond payable to the department in the amount of $5,000 conditioned on faithful performance of the provisions of this subchapter. The bond under this paragraph is subject to all of the following conditions:

NR 130.105(2)(b)1. 1. The bond 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 explorer, 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 explorer to make a substitution of surety, the department shall suspend the explorer’s exploration license until substitution has been made.

NR 130.105(2)(b)2. 2. Each bond 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 explorer shall deliver to the department a replacement bond in the absence of which all exploration shall cease.

NR 130.105(2)(b)3. 3. The department may require that the amount of the bond be increased at any time, if the department determines that the explorer’s current level of activity makes it likely that the bond would be inadequate to fund the termination of all holes drilled for which the explorer is responsible.

NR 130.105(2)(b)4. 4. One year after all drilling sites constructed by the explorer have been issued a certificate of completion under s. NR 130.111 (4), and upon request by the explorer, the department shall release the bond and terminate the exploration license if the department determines that the explorer has complied with all provisions of this subchapter.

NR 130.105 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 130.106 NR 130.106 Exploration license renewals.

NR 130.106(1) (1) An explorer that intends to continue exploration or that is required to maintain a bond in accordance with s. NR 130.105 (2) (b) shall file an annual renewal application with the department upon forms prepared and furnished by the department. The renewal application shall be accompanied by all of the following:

NR 130.106(1)(a) (a) A fee of $300.00.

NR 130.106(1)(b) (b) A bond in accordance with s. NR 130.105 (2) (b) or proof that a valid surety bond in an amount adequate to cover the explorer’s current level of exploration activity has been submitted and remains in force.

NR 130.106(1)(c) (c) A summary of all exploration drilling sites constructed by the licensee which continue under coverage of the bond posted in accordance with s. NR 130.105 (2) (b), including all of the following:

NR 130.106(1)(c)1. 1. Abandonment status of all drillholes constructed under the license.

NR 130.106(1)(c)2. 2. Estimated costs for drillhole abandonment and site reclamation for each drilling site.

NR 130.106(1)(c)3. 3. Anticipated schedule for termination of each drilling site.

NR 130.106(1)(d) (d) Identification of notices previously submitted under s. NR 130.109 which the licensee considers active for the upcoming license year and discussion of any proposed changes to approved plans associated with each notice and approval issued under s. NR 130.109 (4).

NR 130.106(2) (2) A renewal license shall be effective for a period commencing on the date of issuance and terminating on the following June 30. The department shall review and issue licenses under the time limitations under s. NR 130.107.

NR 130.106 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (2) made under s. 13.92 (4) (b) 12., Stats., Register December 2021 No. 792.

NR 130.107 NR 130.107 Exploration license issuance.

NR 130.107(1) (1) Upon satisfactory completion of all conditions contained in this subchapter, the department shall issue an exploration license to the explorer. Licenses shall be issued within 10 business days after the department receives a complete application unless the application is for an upcoming license year. If the application is for an upcoming license year, the license shall be issued either within 10 business days after the department receives a complete application or on the following July 1, whichever is later.

NR 130.107(2) (2) An explorer shall conduct exploration in compliance with all requirements of this subchapter.

NR 130.107(3) (3) An explorer shall conduct exploration in compliance with minimum standards for exploration activities and reclamation of drilling sites contained in s. 293.13 (2) (b) and (c), Stats., when applicable.

NR 130.107(4) (4) An explorer shall conduct exploration in compliance with any other conditions contained in the exploration license or subsequent plan approvals under s. NR 130.109 that the department deems necessary to safeguard the natural resources of this state during and after exploration.

NR 130.107 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 130.108 NR 130.108 Exploration license denials.

NR 130.108(1) (1) The department shall deny an exploration license if the department finds any of the following:

NR 130.108(1)(a) (a) The exploration activity will not comply or has not been conducted in compliance with the minimum standards in s. 293.13 (2) (b) and (c), Stats., when applicable.

NR 130.108(1)(b) (b) The explorer is in violation of ch. 293, Stats., or any provision of this chapter.

NR 130.108(2) (2) Within 10 business days from the date of application, the department shall furnish the explorer in writing the reasons for the denial.

NR 130.108 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 130.109 NR 130.109 Notice procedure and exploration plans.

NR 130.109(1) (1) The explorer shall notify the department of the explorer’s intent to drill on a parcel by registered mail at least 30 days in advance of the anticipated commencement of drilling. Notice shall be considered as given upon the date of receipt by the department of the notice. The notice of intent to drill shall include all of the following:

NR 130.109(1)(a) (a) A legal description of the parcels where the exploration will take place including identification of land ownership and maps showing the approximate drilling site locations and anticipated site access routes.

NR 130.109(1)(b) (b) A description of the means and methods that will be used for the exploration including drilling methods, anticipated drillhole locations, diameter, and depth, source of drilling water, and anticipated use of drilling additives, if any.

NR 130.109(1)(c) (c) A description of drilling site access and site preparation needed to accommodate the drilling activity including site grading and stabilization methods.

NR 130.109(1)(d) (d) A description of how any diversion, retention, or drainage of water, including stormwater, drilling water, and water from flowing drillholes, on or around the drilling site will be conducted.

NR 130.109(1)(e) (e) A description of how drilling mud, drill cuttings, any pollutant-bearing minerals or materials, including fuel, lubricants, and drilling additives, will be handled during exploration and a description of spill prevention, containment and remediation procedures.

NR 130.109(1)(f) (f) A description of drillhole abandonment methodology. The explorer shall conduct the drillhole abandonment procedures in compliance with s. NR 130.111.

NR 130.109(1)(g) (g) A description of measures that will be taken to remove, stockpile, or otherwise protect topsoil during exploration.

NR 130.109(1)(h) (h) A description of methods and materials used to establish temporary vegetative cover, if necessary, to stabilize any part of the drilling sites and measures to control invasive species as a result of the temporary measures.

NR 130.109(1)(i) (i) Identification and prevention of pollution, as defined in s. 281.01 (10), Stats., resulting from leaching of waste materials and identification and prevention of significant environmental.

NR 130.109(1)(j) (j) A reclamation plan designed to minimize adverse effects to the environment during and after exploration that includes all of the following:

NR 130.109(1)(j)1. 1. A description of how all liquid and solid waste generated during the exploration activity will be disposed of or otherwise managed in an environmentally sound manner.

NR 130.109(1)(j)2. 2. A description of how topsoil, if removed and stockpiled, will be redistributed during reclamation of the drilling site.

NR 130.109(1)(j)3. 3. A description of final drilling site reclamation and revegetation methods and materials that will be used to stabilize disturbed soils and prevent air and water pollution.

NR 130.109(1)(j)4. 4. A description of any nearby wetlands that could be affected by the exploration activity and the measures that will be taken to minimize disturbance to wetlands, including the use of best management practices for construction in or adjacent to wetlands, and relocating or modifying the configuration of drilling sites or restricting exploration activity to the winter months.

NR 130.109(1)(j)5. 5. A total cost estimate for drilling site termination including unit costs for drillhole permanent abandonment and drilling site reclamation.

NR 130.109(2) (2) Within 5 business days after receipt of a notice under sub. (1), the department shall publish a public notice on the department’s internet site describing the proposed drilling activity and the availability of the notice that was provided under sub. (1). The department shall also send the public notice to all of the following:

NR 130.109(2)(a) (a) The clerk of any city, village, town, or county within whose boundaries any portion of the proposed exploration activity is located.

NR 130.109(2)(b) (b) The clerk of any city, village, or town, contiguous to any city, village, or town within whose boundaries any portion of the proposed exploration activity located.

NR 130.109(2)(c) (c) The Historic Preservation Officer of any federally recognized Indian tribes in the state.

NR 130.109(3) (3) Within 15 business days after receipt of a notice under sub. (1), the department shall inform the explorer if additional information is required and shall identify all other approvals, licenses, or permits, issued by the department, including those under chs. 23, 30, 281, 283, and 289, Stats., that are required before exploration may commence.

NR 130.109(4) (4) The department shall approve, conditionally approve, or deny the notice, in writing, within 30 business days of receiving the notice under sub. (1) or within 15 business days after receiving all supplemental information identified in sub. (3). The approval, if granted, may include site-specific conditions placed on the exploration to ensure compliance with the minimum standards under s. 293.13 (2) (b) and (c), Stats., and this subchapter.

NR 130.109(5) (5) A notice of intent to drill shall remain in effect for one year, commencing on the date the department approves the notice. At the time of exploration license renewal under s. NR 130.106, if the explorer plans to continue exploration on the designated parcels and wishes to extend the notice of intent to drill, the explorer shall notify the department that the explorer wishes to continue exploration on those parcels and shall note if any changes are being proposed. Any changes to the notice of intent to drill shall be approved or denied by the department in writing.

NR 130.109(6) (6) The explorer shall notify the department prior to the commencement of drilling any exploration drillhole and shall specify the parcel on which the drillhole will be located and the specific anticipated date on which drilling will begin. This notice may be oral or written and shall be provided at least 48 hours before commencing drilling on any exploration drillhole.

NR 130.109(7) (7) The explorer shall give the department at least 24 hours’ notice, orally or in writing, of the explorer’s intent to permanently abandon a drillhole. The 24-hour requirement may be reduced by the department, if appropriate due to case-specific circumstances.

NR 130.109 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) (i), (7) made under s. 35.17, Stats.,and correction in (2) (a), (3), (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2021 No. 792.

NR 130.110 NR 130.110 Management of drilling mud and cuttings.

NR 130.110(1) (1) Mud pits. Explorers who choose to construct excavated pits for the storage and disposal of drilling mud and cuttings from drillholes shall construct the pits in accordance with all of the following:

NR 130.110(1)(a) (a) The base of the pit shall not be at or below the groundwater table at the time of the drilling activity and shall be constructed such that the base will remain above the normal local groundwater elevation. The pit shall be constructed of sufficient volume to contain all anticipated fluid, drilling mud, cuttings, drilling additives and other materials expected to be placed in the pit and shall not be located in areas that receive excessive amounts of runoff or are susceptible to erosion.

NR 130.110(1)(b) (b) If the drillhole is expected to encounter metallic-sulfide bearing rock, the walls and base of the pit shall be lined with a minimum of one inch of bentonite or bentonite grout, a 20-mil or greater polyvinyl chloride or polyethylene geomembrane, or an equivalent liner material approved by the department in writing.