Chapter NR 130

NR 130.114 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

subch. II of ch. NR 130 Subchapter II — Nonferrous Metallic Mineral Bulk Sampling

NR 130.201 NR 130.201 Purpose. The purpose of this subchapter is to establish licensing and bulk sampling plan submittal and approval procedures and implement minimum standards applicable to nonferrous metallic mineral bulk sampling.

NR 130.201 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 130.202 NR 130.202 Applicability. This subchapter is applicable to all activities that constitute bulk sampling, as defined in s. NR 130.203 (1), related to nonferrous metallic mineral deposits. This subchapter does not apply to activities that involve removal of more than 10,000 tons of material from any potential mining site, as such activity shall be subject to regulation under ch. NR 131.

NR 130.202 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction made under s. 35.17, Stats., Register December 2021 No. 792.

NR 130.203 NR 130.203 Definitions. In this subchapter:

NR 130.203(1) (1) “Bulk sampling” means excavating in a potential mining site by removing less than 10,000 tons of material, including overburden and any other material removed from any portion of the excavation site, for the purposes of obtaining site-specific data to assess the quality and quantity of the nonferrous metallic mineral deposits and of collecting data from and analyzing the excavated materials in order to prepare the application for a mining permit or for any other approval. Removal of rock samples from the ground surface or outcrops using manual methods, and removal of material during nonferrous mineral exploration, soil testing, stream sediment sampling, groundwater monitoring well installation or construction of geophysical boreholes do not constitute bulk sampling. Bulk sampling does not constitute prospecting within the meaning of s. 293.01 (18), Stats.

NR 130.203(2) (2) “Bulk sampling site” means all areas to be disturbed as part of bulk sampling as described in the bulk sampling plan, including excavation sites, access roads, and areas used for material stockpiling and general staging activities.

NR 130.203(3) (3) “Department” means the department of natural resources.

NR 130.203(4) (4) “Excavation site” means discrete non-contiguous areas on a potential mining site where excavation and removal of material, including soil, overburden and bedrock, takes place as part of a bulk sampling plan.

NR 130.203(5) (5) “Licensee” means a person that has been issued a bulk sampling license authorizing that person to conduct bulk sampling in accordance with this subchapter.

NR 130.203(6) (6) “Overburden” means any unconsolidated geologic material, such as till, sand and gravel and weathered bedrock that may be removed during bulk sampling.

NR 130.203(7) (7) “Person” means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.

NR 130.203(7m) (7m) “Potential mining site” means a discrete area that, based on results of exploration or other geologic evaluation, may contain valuable nonferrous metallic mineral resources and includes all areas reasonably needed for future development of the mineral resource. A single potential mining site may include multiple bulk sampling sites.

NR 130.203(8) (8) “Removed,” “removal,” or “removing” means excavating or moving any soil, overburden, or bedrock from an excavation site as part of a bulk sampling activity and includes material transported off the bulk sampling site and material that is relocated within the bulk sampling site.

NR 130.203 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in numbering of (7m) made under s. 13.92 (4) (b) 7., Stats., Register December 2021 No. 792.

NR 130.204 NR 130.204 Bulk sampling license application.

NR 130.204(1) (1) No person may engage in bulk sampling without obtaining a bulk sampling license from the department.

NR 130.204(2) (2) Any person intending to engage in bulk sampling shall file an application for a bulk sampling license with the department. A bulk sampling license application shall include all of the following:

NR 130.204(2)(a) (a) A bulk sampling plan that includes all of the following:

NR 130.204(2)(a)1. 1. A description of the potential mining site to be evaluated through the proposed bulk sampling activities, including a map showing the extent of the potential mining site, extent of the bulk sampling site, the location and extent of each excavation site proposed in the bulk sampling plan and the means of access to the sites.

NR 130.204(2)(a)2. 2. A description of the bulk sampling site, including the number of acres of land consisting of excavation sites, the total number of acres of land that will be disturbed as part of the bulk sampling activity, a detailed map of each excavation site and a description of the bulk sampling activity including the types of sampling or studies to be conducted as part of the bulk sampling.

NR 130.204(2)(a)3. 3. A description of the methods to be used for the bulk sampling, demonstrating that the bulk sampling will comply with the minimum standards specified in s. 293.13 (2) (b) and (c), Stats.

NR 130.204(2)(a)4. 4. A site-specific plan for controlling surface erosion that conforms to requirements under ss. 281.33 (3) and 283.33, Stats., and that identifies how impacts to plant and wildlife habitats will be avoided or minimized to the extent practicable.

NR 130.204(2)(a)5. 5. A revegetation plan for all areas which will be disturbed during the bulk sampling that describes how the bulk sampling site will be revegetated and stabilized, how potential introduction and control of invasive species will be addressed, and how adverse impacts to the environment, including impacts to plant and wildlife habitat, will be avoided or minimized to the extent practicable.

NR 130.204(2)(a)6. 6. An itemized cost estimate of the costs to stabilize and revegetate the area disturbed during the bulk sampling activity.

NR 130.204(2)(a)7. 7. The estimated time for completing the bulk sampling and final stabilization and revegetation of the bulk sampling locations.

NR 130.204(2)(a)8. 8. A description of any known adverse environmental impacts that are likely to be caused by the bulk sampling and how those impacts will be avoided or minimized to the extent practicable and an analysis showing that the proposed bulk sampling activity is proposed to be conducted at locations and using methods that result in the least overall adverse environmental impacts.

NR 130.204(2)(a)9. 9. A description of any adverse effects, as defined in s. 44.31 (1), Stats., that the bulk sampling might have on any historic property, as defined in s. 44.31 (3), Stats., that is a listed property, as defined in s. 44.31 (4), Stats., that is on the Wisconsin inventory of historic places, as defined in s. 44.31 (12), Stats., or that is on the list of locally designated historic places under s. 44.45, Stats., or any scenic or recreational areas and plans to avoid or minimize those adverse effects to the extent practicable.

NR 130.204(2)(b) (b) A bond in the amount of $5,000 or the amount equal to the bulk sampling site stabilization and revegetation costs estimated under par. (a) 6., whichever is greater. The bond shall be issued by a surety company licensed to do business in this state and shall be conditioned on faithful performance of the requirements of this subchapter. The bond shall provide that the bond may not be canceled by the surety except after not less than 90 days’ notice to the department in writing by registered or certified mail. The bond under this paragraph is subject to all of the following conditions:

NR 130.204(2)(b)1. 1. If the surety for a bond submitted under this paragraph issues a cancellation notice, the person who filed the bulk sampling plan shall deliver a replacement bond at least 30 days before the expiration of the 90-day notice period. If the person fails to submit a replacement bond, the person may not engage in bulk sampling until the person submits a replacement bond. The original bond shall remain in effect until a satisfactory replacement bond is submitted to the department.

NR 130.204(2)(b)2. 2. If the license of the surety company for a bond submitted under this paragraph is revoked or suspended, the person who filed the bulk sampling plan, within 30 days after receiving written notice from the department, shall deliver a replacement bond. If the person fails to submit a replacement bond, the person may not engage in bulk sampling until the person submits a satisfactory replacement bond. Revocation or suspension of a surety’s license does not relieve the bulk sampling licensee from any financial obligation to stabilize and revegetate the bulk sampling site in accordance with the approved bulk sampling plan.

NR 130.204(2)(b)3. 3. The department may require that the amount of the bond submitted under this paragraph be increased at any time if the department determines that it is unlikely that the bond would be adequate to fund the cost to this state of completing the revegetation plan.

NR 130.204(3) (3) Within 5 business days after receipt of a bulk sampling license application under sub. (2) the department shall publish a public notice on the department’s internet site describing the proposed bulk sampling activity and the availability of the bulk sampling license application. The department shall also send the public notice to the following:

NR 130.204(3)(a) (a) The clerk of any city, village, town, or county within whose boundaries any portion of the proposed bulk sampling activity is located.

NR 130.204(3)(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 bulk sampling site is located.

NR 130.204(3)(c) (c) The historic preservation officer of any federally recognized Indian tribes in the state.

NR 130.204(4) (4) Within 21 days of receipt of a bulk sampling plan and license application, the department shall notify the applicant, in writing, whether the license application and bulk sampling plan are complete and, if they are not complete, the department shall identify any additional information that must be submitted.

NR 130.204(5) (5) 

NR 130.204(5)(a) (a) Within 14 days of receipt of a complete bulk sampling license application and bulk sampling plan under sub. (2), the department shall identify for the applicant, in writing, all approvals, in addition to the bulk sampling license, that are required before the bulk sampling may be implemented, including all of the following:

NR 130.204(5)(a)1. 1. Any waivers, exemptions, or exceptions to those approvals that are potentially available.

NR 130.204(5)(a)2. 2. Any supplemental information that the department needs to issue the bulk sampling license and other approvals or to issue a decision on any waiver, exemption, or exception.

NR 130.204(5)(b) (b) If the bulk sampling license is the only department approval required, within 14 days of receipt of a complete bulk sampling license application and bulk sampling plan under sub. (2), the department shall notify the applicant that no other approvals are required and issue a bulk sampling license to the applicant in accordance with s. NR 130.205, or deny the license, stating the reasons for denial.

NR 130.204(5)(c) (c) All approvals identified in par. (a) shall be processed in accordance with s. 293.26 (8) and (12) to (16), Stats.

NR 130.204(5)(d) (d) If it is necessary for an applicant to revise the bulk sampling plan as a result of requirements imposed under any of the approvals identified under par. (a), the revised plan shall be reviewed as provided in sub. (4) and this subsection.

NR 130.204 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (3) (intro.) made under s. 35.17, Stats., and correction in (5) (d) made under s. 13.92 (4) (b) 7., Stats., Register December 2021 No. 792.

NR 130.205 NR 130.205 Bulk sampling license issuance and modification.

NR 130.205(1) (1) The department shall issue a bulk sampling license if it finds the bulk sampling plan reasonably ensures all of the following:

NR 130.205(1)(a) (a) The proposed bulk sampling will be conducted in compliance with the minimum standards specified in s. 293.13 (2) (b), Stats., and this subchapter.

NR 130.205(1)(b) (b) The licensee has submitted a bond in compliance with s. NR 130.204 (2) (b).

NR 130.205(2) (2) The department may, if needed, include conditions in the bulk sampling license to ensure compliance with applicable standards under sub. (1) (a) and (b).

NR 130.205(3) (3) A license issued under this section applies solely to activities described in a specific bulk sampling plan submitted under s. NR 130.204 (2) (a) and relating to a specific potential mining site.

NR 130.205(4) (4) The department may not issue the bulk sampling license until all approvals required by the department to engage in bulk sampling and identified under s. NR 130.204 (5) (a) have been issued.

NR 130.205(5) (5) If the licensee intends to modify the bulk sampling activity to include new or increased areas of disturbance on the same potential mining site, the licensee shall submit a new bulk sampling plan or a revised bulk sampling plan to the department. The department shall process any revised bulk sampling plan in the same manner as an original bulk sampling plan and license application under s. NR 130.204. The department may approve minor changes to the approved bulk sampling activity that do not result in increased area of surface disturbance or disturbance of areas not described in the bulk sampling plan and do not result in significant additional environmental impacts, without requiring submittal of a new or revised bulk sampling plans.

NR 130.205(6) (6) A bulk sampling license or a modification to an approved bulk sampling plan and license is issued by the department upon mailing and is final and effective upon issuance.

NR 130.205 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 130.206 NR 130.206 Bulk sampling site reclamation and bond release. One year after the licensee completes the bulk sampling and site stabilization and revegetation set forth in the bulk sampling plan, the department shall release the bond submitted by the licensee under s. NR 130.204 (2) (b) and terminate the bulk sampling license if the department determines that the licensee has complied with this subchapter and other approvals related to the bulk sampling.

NR 130.206 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 130.207 NR 130.207 Bulk sampling site inspections.

NR 130.207(1) (1) Subject to applicable state and federal safety rules and regulations, any authorized officer, employee, or representative of the department may enter and inspect any property, premises, or place on or at which any bulk sampling is proposed, is being conducted or has been completed at any reasonable time for the purpose of ascertaining the state of compliance with this subchapter and ch. 293, Stats.

NR 130.207(2) (2) No person may refuse entry or access to any authorized representative of the department who requests entry for purposes of inspection and who presents appropriate credentials.

NR 130.207(3) (3) No person may obstruct, hamper, or interfere with any inspection under this section.

NR 130.207 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 130.208 NR 130.208 Bulk sampling license revocation or suspension.

NR 130.208(1) (1) If the department has reason to believe that a licensee has violated any statute or rule pertaining to the bulk sampling activity authorized under a bulk sampling license or has violated a term or condition of the license issued under this subchapter or has failed to increase bond amounts to adequate levels as specified by the department, the department may, after holding a hearing, suspend or revoke the bulk sampling license.

NR 130.208(2) (2) Prior to revocation or suspension of a license, the department shall do all of the following:

NR 130.208(2)(a) (a) Give written notice, by mail, to the licensee of the facts or conduct which warrant the intended action and provide the licensee with an opportunity to show compliance with all requirements for retention of the license.

NR 130.208(2)(b) (b) Conduct a hearing within 30 days of the written notice provided under par. (a), unless, prior to the hearing date the licensee provides sufficient evidence of compliance with all requirements for retention of the license.

NR 130.208(2m) (2m) Following the hearing, if the department determines a licensee has violated any statute or rule pertaining to the bulk sampling activity authorized under a bulk sampling license or has violated a term or condition of the license issued under this subchapter or has failed to increase bond amounts, the department may suspend or revoke the license.

NR 130.208(3) (3) A decision by the department to suspend or revoke a license is subject to judicial review under ss. 227.52 and 227.53, Stats.

NR 130.208(4) (4) In addition to the actions under subs. (1) to (2m), the department may take additional enforcement actions as specified under s. 293.87, Stats., if the person conducting bulk sampling does not conduct bulk sampling in compliance with this chapter and ch. 293, Stats.

NR 130.208 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; change in numbering of (2m) made under s. 13.92 (4) (b) 1., Stats., and correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2021 No. 792.