Chapter NR 131

NR 131.106 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) 7., Stats., Register December 2021 No. 792.

NR 131.107 NR 131.107 Application to prospect.

NR 131.107(1) (1) No person may engage in prospecting or reclamation at any prospecting site without securing a prospecting permit issued under s. 293.45, Stats., and this chapter.

NR 131.107(2) (2) 

NR 131.107(2)(a) (a) An applicant for a prospecting permit shall submit an application and additional documents specified under sub. (4) to the department in writing and in reproducible form and shall provide the department with paper copies of the application in a quantity specified by the department. The applicant shall also submit a complete copy of the application in an electronic format prescribed by the department.

NR 131.107(2)(b) (b) Upon receipt of the application under sub. (2), the department shall give public notice of the department’s receipt of the application and the availability, for review, of the prospecting permit application and other documents specified under sub. (4), in the same manner as provided under s. 293.43 (2m) (b), Stats., and to the government of any American Indian tribe or band whose reservation boundaries are within 60 miles of any portion of the proposed project, and to the government of those American Indian tribes or bands with federally recognized treaty rights in the area of the project.

NR 131.107(3) (3) The application for a prospecting permit shall include all of the following:

NR 131.107(3)(a) (a) A prospecting plan in accordance with s. NR 131.108.

NR 131.107(3)(b) (b) A reclamation plan in accordance with s. NR 131.109 that includes an itemized statement showing the estimated costs that will be incurred by the state if it is necessary for the state to implement and fulfill the reclamation plan.

NR 131.107(3)(c) (c) A proposed monitoring and quality assurance plan consistent with the requirements of this chapter, ch. NR 182, and s. 1.11, Stats. The monitoring plan shall provide for adequate monitoring of project-related environmental changes during the course of the permitted activity and for such additional period of time as is necessary to satisfactorily complete reclamation and completely release the permit holder from the financial securities required under s. 293.51 (1), Stats. The monitoring plan shall include monitoring locations on the prospecting site and locations both upgradient and downgradient of the prospecting site. The plan shall summarize all project-related environmental monitoring programs and may cross reference monitoring provisions required under other permits, approvals, or licenses issued by the department.

NR 131.107(3)(d) (d) A list of names and addresses of each owner of land within the prospecting site and each person known by the applicant to hold any option or lease on land within the prospecting site and all prospecting and mining permits in this state held by the applicant.

NR 131.107(3)(e) (e) Evidence satisfactory to the department that the applicant has applied for necessary approvals and permits under all applicable zoning ordinances.

NR 131.107(3)(f) (f) Information specified in s. 293.35 (1), Stats., related to forfeiture of mining reclamation bonds, by the applicant or related persons within the preceding 20 years.

NR 131.107(3)(g) (g) Information relating to whether unsuitability may exist for prospecting and surface mining to the extent not fully considered under s. 293.45, Stats.

NR 131.107(3)(h) (h) A description of the land contiguous to the proposed prospecting site that the applicant owns, leases, or has an option to purchase or lease.

NR 131.107(3)(i) (i) A summary of project-related impacts to wetlands and steps to minimize impacts to wetlands in accordance with s. 281.36, Stats.

NR 131.107(3)(j) (j) A summary of project-related impacts to water supply wells and surface water bodies as result of groundwater pumping or prospecting site dewatering, if applicable, and steps to mitigate the impacts as provided under s. 293.65 (3) (b), Stats.

NR 131.107(3)(k) (k) A summary of environmental management and pollution control technologies that will be implemented at the proposed prospecting site.

NR 131.107(3)(L) (L) If the prospecting project does not include a mining waste facility, a contingency plan consistent with the provisions of s. NR 182.109 (2) (d), as appropriate for the proposed prospecting operation.

NR 131.107(3)(m) (m) A description of any requested exemptions or variances to provisions of ch. 293, Stats., or this chapter, in accordance with s. NR 131.112.

NR 131.107(3)(n) (n) Other relevant information or documentation that the department may require.

NR 131.107(4) (4) At the time an applicant submits a prospecting permit application, the applicant shall also submit an environmental impact report, if required by the department, consistent with the requirements of ch. NR 150, and applications and supporting documentation for other approvals, licenses, and permits relating to the proposed prospecting project and identified by the department in the response provided under s. NR 131.105 (5). These documents shall be provided in the format and quantities prescribed by the department.

NR 131.107(5) (5) The hearing procedure outlined in s. 293.43, Stats., shall govern all hearings on the prospecting permit application, any statements prepared under s. 1.11, Stats., and, to the fullest extent possible, all other applications for approvals, licenses, and permits relating to the proposed prospecting project issued by the department.

NR 131.107 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) made under s. 35.17, Stats., Register December 2021 No. 792.

NR 131.108 NR 131.108 Prospecting plan. The prospecting plan shall include all of the following:

NR 131.108(1) (1) A detailed map of the proposed prospecting site.

NR 131.108(2) (2) Details of the nature, extent, and final configuration of the proposed excavation and prospecting site including location and total production of mining waste, refuse and the nature and depth of overburden.

NR 131.108(3) (3) Details of the proposed operating procedures, including all of the following:

NR 131.108(3)(a) (a) Prospecting operation sequence including site preparation and construction.

NR 131.108(3)(b) (b) Handling of topsoil, overburden, and waste rock materials.

NR 131.108(3)(c) (c) Storage, loading, and transportation of material to be transported off of the prospecting site for further analyses.

NR 131.108(3)(d) (d) Groundwater and surface water management techniques including provisions for erosion prevention and control, drainage control and a detailed water management plan showing sources, flow paths and flow rates, storage volumes, and release points. The water management plan shall include a detailed water budget that includes groundwater and surface water and plans for collection, treatment, and discharge of water resulting from the operation.

NR 131.108(3)(e) (e) Plans for adequate covering or isolation of all pollutant-bearing minerals or materials handled on the site.

NR 131.108(3)(f) (f) Plans for the collection, disposal, and recycling of refuse and solid waste materials generated during the life of the project but not regulated as mining waste under ch. NR 182.

NR 131.108(3)(g) (g) Plans for air quality protection as required under ch. 285, Stats.

NR 131.108(3)(h) (h) A risk assessment of possible accidental health and environmental hazards potentially associated with the prospecting operation. Contingency measures with respect to these risks and hazards, and the assumptions in this assessment, shall be explicitly stated.

NR 131.108(3)(i) (i) Measures for notifying the public and responsible governmental agencies of potentially hazardous conditions including the movement or accumulation of contaminants in groundwater and surface water, soils, and vegetation and other consequences of the operation of importance to public health, safety and welfare.

NR 131.108(3)(j) (j) Description of all surface facilities associated with the prospecting site.

NR 131.108(3)(k) (k) Description of anticipated geological and geotechnical investigations and drilling programs to be conducted on the prospecting site.

NR 131.108(4) (4) Evidence satisfactory to the department that the proposed prospecting operation will be consistent with the reclamation plan and will comply with all of the following minimum standards:

NR 131.108(4)(a) (a) Grading and stabilization of excavations, sides, and benches to conform with state and federal environmental and safety requirements and to prevent environmental pollution and prevent and control erosion.

NR 131.108(4)(b) (b) Grading and stabilization of deposits of prospecting refuse in conformance with applicable state and federal environmental and safety requirements and applicable solid waste laws and regulations.

NR 131.108(4)(c) (c) Adequate diversion and drainage of water from the prospecting site to prevent contamination of surface water and groundwater and prevent and control erosion.

NR 131.108(4)(d) (d) Notwithstanding the provisions of ch. NR 812, excavations shall be backfilled when the backfilling procedure will not interfere with the prospecting operation and will not do any of the following:

NR 131.108(4)(d)1. 1. Cause an exceedance of any groundwater quality standards implemented under this chapter and ch. NR 182.

NR 131.108(4)(d)2. 2. Adversely affect public health or welfare.

NR 131.108(4)(e) (e) Handling and storage, including covering as needed, of all materials on the prospecting site in an environmentally sound manner as determined by the department. Materials not licensed as mining waste under ch. NR 182, but deemed by the department to present a potential threat to the environment, shall be appropriately characterized in a manner consistent with procedures specified in s. NR 182.108.

NR 131.108(4)(f) (f) Removal and stockpiling, or other measures to protect topsoil or other soil materials from erosion and leaching, consistent with environmental considerations and reclamation, during prospecting site preparation and active prospecting unless the department determines that such action will be environmentally undesirable.

NR 131.108(4)(g) (g) Maintenance of adequate vegetative cover where feasible to prevent and control erosion.

NR 131.108(4)(h) (h) Impoundment of water where necessary in a safe and environmentally acceptable manner.

NR 131.108(4)(i) (i) Adequate planning of the site to achieve the aesthetic standards for the entire prospecting site described in ss. NR 131.110 (1) (e) and 131.111 (1).

NR 131.108(4)(j) (j) Identification and prevention of pollution, as defined in s. 281.01 (10), Stats., resulting from leaching of waste materials or other stockpiled materials, in accordance with state and federal solid waste laws and regulations.

NR 131.108(4)(k) (k) Identification and prevention of significant environmental pollution.

NR 131.108(4)(L) (L) Maintenance of appropriate emergency procedures to minimize damage to public health, safety, and welfare and the environment from events described under sub. (3) (k).

NR 131.108(5) (5) Submission of a plan for a pre-blasting survey, if applicable, to document the condition of permanent structures and buildings within the area potentially affected by blasting at the prospecting site as determined under s. SPS 307.41 (2), with such survey being completed and submitted to the department prior to any blasting.

NR 131.108 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (3) (h) made under s. 35.17, Stats., Register December 2021 No. 792.

NR 131.109 NR 131.109 Reclamation plan. The operator shall reclaim prospecting sites in accordance with a reclamation plan approved by the department. If a prospecting site is part of a prospective mining site to be regulated under ch. NR 132, the reclamation plan shall include provisions for interim and permanent reclamation of the prospecting site. Prospecting sites shall be permanently reclaimed within 4 years after completion of prospecting unless the prospecting site is part of a site included under a pre-application notification submitted under s. NR 132.105 or a mining permit application submitted under s. NR 132.107. The reclamation plan for the prospecting site shall include all of the following:

NR 131.109(1) (1) Detailed information and maps on reclamation procedures including all of the following:

NR 131.109(1)(a) (a) Manner, location, sequence, and anticipated duration of reclamation.

NR 131.109(1)(b) (b) Ongoing reclamation procedures during prospecting operations.

NR 131.109(1)(c) (c) Proposed interim and final topography and slope stabilization.

NR 131.109(1)(d) (d) Proposed final land use and relationship to surrounding land and land uses.

NR 131.109(1)(e) (e) Plans for long-term maintenance of the prospecting site, including all of the following:

NR 131.109(1)(e)1. 1. Monitoring of all of the following, as applicable:

NR 131.109(1)(e)1.a. a. Wastes, groundwater levels and quality, and surface water levels and quality.

NR 131.109(1)(e)1.b. b. Leachate, slope stability, vegetation, groundwater elevation, surface water flows and elevations, wetlands, and other aquatic and terrestrial systems.

NR 131.109(1)(e)2. 2. Details related to decommissioning or removing monitoring devices that are no longer in use.

NR 131.109(1)(e)3. 3. The need for long-term water control, management, and treatment systems necessary to prevent pollution of groundwater or surface water.

NR 131.109(1)(e)4. 4. Names of persons legally and operationally responsible for long-term maintenance.

NR 131.109(1)(f) (f) Projected costs of reclamation including an itemized statement showing the estimated costs that will be incurred by the state if it is necessary for the state to implement and fulfill the reclamation plan.

NR 131.109(1)(g) (g) Projected costs of periodic repair or replacement of any engineered cover systems or water management control systems used at the mining waste site, if one is constructed, to avoid adverse environmental consequences. The estimate shall cover the costs reasonably anticipated to occur during the period between 40 and 250 years after closure of the mining waste site.

NR 131.109(1)(h) (h) Proposed quantitative criteria and evaluation methods to demonstrate success and long-term stability of final reclamation for purposes of determining acceptable completion of reclamation and issuance of a certification of completion of reclamation under s. NR 131.122.

NR 131.109(2) (2) Evidence satisfactory to the department that the proposed reclamation will conform with all of the following minimum standards:

NR 131.109(2)(a) (a) Toxic and hazardous wastes, refuse, and other solid waste shall be disposed of in conformance with applicable state and federal statutes or regulations.

NR 131.109(2)(b) (b) Tunnels, shafts, or other underground openings shall be sealed in accordance with applicable safety requirements and in a manner that will prevent seepage of water in amounts that may be expected to create a safety, health, or environmental hazard, unless the applicant can demonstrate alternative uses that do not endanger public health and safety and that conform to applicable environmental protection and mine safety laws and rules.

NR 131.109(2)(c) (c) Underground and surface runoff waters from prospecting sites shall be managed, impounded, or treated so as to prevent soil erosion, flooding, damage to agricultural lands or livestock, damage to wild animals, pollution of groundwater or surface waters, damage to public health, or threats to public safety.

NR 131.109(2)(d) (d) Surface structures constructed as a part of the prospecting activities shall be removed, unless they are converted to an acceptable alternate use, as determined by the department.

NR 131.109(2)(e) (e) Adequate measures shall be taken to prevent significant surface subsidence, but if such subsidence does occur, the affected area shall be reclaimed.

NR 131.109(2)(f) (f) Topsoil from surface areas disturbed during the prospecting operation shall be removed and stored in an environmentally acceptable manner for use in reclamation.

NR 131.109(2)(g) (g) Disturbed surface areas shall be revegetated as soon as practicable after the disturbance to stabilize slopes and prevent air and water pollution, with the objective of reestablishing a variety of plants and animals indigenous to the area immediately prior to prospecting, unless such reestablishment is inconsistent with the provisions of s. 293.01 (23), Stats. Plant species not indigenous to the area may be used if necessary, to provide rapid stabilization of slopes and prevention of erosion, if such species are acceptable to the department, but the ultimate goal of reestablishment of indigenous species shall be maintained.

NR 131.109(3) (3) An analysis of alternative viable final land uses for the reclaimed site, including the presumed final use of returning affected areas to their approximate original state. The analysis of all options shall consider the extent to which the option is physically, economically and environmentally achievable and socially acceptable.

NR 131.109 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 131.110 NR 131.110 Location criteria and environmental standards.

NR 131.110(1) (1) No person may establish, construct, operate, or maintain the use of property for any prospecting related buildings, roads, ponds, or other purposes within the following areas except pursuant to an exemption granted under s. NR 131.112 or in compliance with another approval, license, or permit issued by the department:

NR 131.110(1)(a) (a) Within areas identified as unsuitable under s. NR 131.103 (25) unless the applicant conclusively certifies that he or she will not subsequently make application for a permit to conduct surface mining at the site.

NR 131.110(1)(b) (b) Within 500 feet of the ordinary high-water mark of any existing navigable lake, pond, or flowage.

NR 131.110(1)(c) (c) Within 500 feet of the ordinary high-water mark of a navigable river or stream.

NR 131.110(1)(d) (d) Within a floodplain.

NR 131.110(1)(e) (e) Within 1,000 feet of the nearest edge of the right-of-way of any of the following unless, regardless of season, the site is visually inconspicuous due to screening or being visually absorbed due to natural objects, compatible natural plantings, earth berm, or other appropriate means, or unless, regardless of season, the site is screened so as to be aesthetically pleasing and inconspicuous to the extent feasible: