Register December 2021 No. 792
Chapter NR 130
NONFERROUS METALLIC MINERAL EXPLORATION AND BULK SAMPLING
Subchapter I — Nonferrous Metallic Mineral Exploration
NR 130.102 Applicability.
NR 130.105 Application for an exploration license.
NR 130.106 Exploration license renewals.
NR 130.107 Exploration license issuance.
NR 130.108 Exploration license denials.
NR 130.109 Notice procedure and exploration plans.
NR 130.110 Management of drilling mud and cuttings.
NR 130.111 Exploration drillhole abandonment, fee and reporting.
NR 130.112 Exploration drilling site completion of termination.
NR 130.114 License revocation or suspension.
Subchapter II — Nonferrous Metallic Mineral Bulk Sampling
130.204 Bulk sampling license application.
130.205 Bulk sampling license issuance and modification.
130.206 Bulk sampling site reclamation and bond release.
130.207 Bulk sampling site inspections.
130.208 Bulk sampling license revocation or suspension.
Ch. NR 130 Note
Note: Emerg. r. and recr. eff. 6-3-78. Chapter NR 130 as it existed on January 31, 1979 was repealed and a new chapter NR 130 created effective February 1, 1979. Chapter NR 130 as it existed on December 31, 2021, was repealed and a new chapter NR 130 was created effective January 1, 2022.
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(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)(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.
