NR 132.103 NoteNote: Section 293.01 (25), Stats., defines “refuse” to mean: “all waste soil, overburden, rock, mineral, liquid, vegetation, and other material, except merchantable by-products, directly resulting from or displaced by the prospecting or mining, and from the cleaning or preparation of nonferrous metallic minerals during prospecting or mining operations, and shall include all waste materials deposited on or in the prospecting or mining site from other sources.” NR 132.103(26)(26) “Surface mine” or “surface mining” means all or any part of a process of mining non-ferrous minerals in which the nonferrous ore lies at or near the surface and can be extracted directly from the land surface if the ore body is exposed or can be accessed from the surface and extracted after removing the overlying layers of overburden and rock. NR 132.103(27)(27) “Tailings” means waste material resulting from the beneficiation of ore at a mill facility. NR 132.103(28)(28) “Unsuitable” or “unsuitability” means that the land proposed for surface mining is not suitable for such activity because the surface mining activity itself may reasonably be expected to destroy or irreparably damage any of the following: NR 132.103(28)(a)(a) Habitat required for survival of species of vegetation or wildlife as designated in ch. NR 27, if such endangered species cannot be firmly reestablished elsewhere. NR 132.103(28)(b)(b) Unique features of the land, as determined by state or federal designation as any of the following, that cannot have their unique characteristic preserved by relocation or replacement elsewhere: NR 132.103(28)(c)(c) Other areas of a type designated by statute or administrative rule as unique or unsuitable for prospecting or surface mining. NR 132.103(29)(29) “Waste rock” means consolidated geologic material that has been excavated during the mining process but is not of sufficient value to constitute ore. NR 132.103(30)(30) “Wetlands” means an area where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions. NR 132.103 HistoryHistory: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (4), (22), (28) (b) 5. made under s. 35.17, Stats., Register December 2021 No. 792. NR 132.104NR 132.104 Environmental baseline data collection prior to preapplication notification. NR 132.104(1)(1) A person who intends to submit a preapplication notification under s. 293.31, Stats., may, prior to obtaining, collecting, or generating environmental baseline data intended to be used to support the permit application, submit to the department a description of the methodology that the person intends to use in obtaining, collecting, or generating the data. The description shall specify sampling equipment and instrumentation, sampling locations, sample collection protocols, sampling schedules, analytical methods and reporting procedures. The person shall provide the department with a complete electronic version of the information submitted under this subsection in a format prescribed by the department and duplicate reproducible paper copies of the information in a quantity specified by the department. NR 132.104(2)(2) Any request under sub. (1) for department review of proposed environmental data collection methodology shall be accompanied by a fee of $1,500. The department may waive the fee if the requested review is of limited scope or is substantively duplicative of previous requests. NR 132.104(3)(a)(a) The department shall review the proposed methodology and shall either inform the person that the proposed methodology is accepted by the department or provide the person with the methodology that the department requires the person to use. NR 132.104(3)(b)(b) The department review under this subsection is limited specifically to the proposed methodology for data collection and analysis. Department approval of the methodology is not an endorsement or approval of the intended data collection program, including adequacy of the scope of the data collection program and appropriateness of sampling locations and analytical parameters. NR 132.104(3)(c)(c) In approving the proposed methodology under this subsection, the department may require the person to provide notice to the department prior to specific data collection activities to facilitate verification of data collection by department staff, as necessary. NR 132.104(4)(4) If a person obtains, collects, or generates data or information intended to be used to support a mining permit application without obtaining department approval of the person’s methodology under sub. (3), the department may not exclude any of the data or information that consists of general environmental information such as soil characteristics, hydrologic conditions, and air and water data contained in publications, maps, documents, studies, reports, and similar sources, whether public or private, not prepared by or for the applicant. NR 132.104(5)(5) If the period of data collection prior to the filing of a preapplication notice under s. NR 132.105 continues for longer than 12 months, the department may require the person to enter into a pre-application services agreement with the department under s. 23.40 (4), Stats., to cover costs incurred by the department in verifying or reviewing the environmental data. NR 132.104 HistoryHistory: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22. NR 132.105NR 132.105 Preapplication notification and data collection. NR 132.105(1)(1) At least 12 months before filing an application for a mining permit under s. NR 132.107 a person proposing to engage in a mining project shall notify the department in writing of the person’s intention to apply for a mining permit and submit to the department a project review fee under s. NR 132.106. The person submitting the preapplication notification shall provide the department with a complete electronic version of the notice in a format prescribed by the department and shall provide duplicate paper copies of the notice in a quantity specified by the department. The notice shall include all of the following information: NR 132.105(1)(a)(a) The name, address, and telephone number of the person submitting the preapplication notification. NR 132.105(1)(b)(b) A map showing the approximate location of the mining site including anticipated project boundaries, locations of surface waters, roads, railroads, pipelines and utilities within the project area and identification of property ownership of lands included in the project site and adjacent areas. NR 132.105(1)(d)(d) A preliminary project description addressing all of the following: NR 132.105(1)(d)1.1. A topographic map showing the location of the ore body and preliminary location of major project facilities. NR 132.105(1)(d)2.2. A general description of the ore body including available details on size, shape, and orientation, faulting and fracturing systems and patterns, origin, lithology, and mineralogic composition, including approximate metal grades and content. NR 132.105(1)(d)3.3. A discussion of the anticipated mining and ore processing methods, a general description of the wastes expected to be generated, and potential locations of anticipated mining, milling, and mining waste facilities. NR 132.105(1)(d)4.a.a. A discussion of land uses at the proposed mining site and the surrounding area which may have an impact on the suitability of the property as a mining site or on groundwater quality. NR 132.105(1)(d)4.b.b. A discussion of land use zoning, with particular attention given to areas where zoning variances will be required, where agricultural impact statements may be required, or where floodplain, conservancy, shoreland or wetland zoning is designated. NR 132.105(1)(d)4.c.c. Identification of known recreational, historical, archaeological areas, areas that contain threatened or endangered species per s. 29.604, Stats., and ch. NR 27, state or local natural areas and county forest lands. NR 132.105(1)(d)4.d.d. A discussion of the regional setting of the proposed mining site generally documented by currently available public information addressing the topography, surface hydrology including the presence of any resources designated as areas of special natural resources interest under s. 30.01 (1am), Stats., geology and hydrogeology of the area surrounding the potential mining site. NR 132.105(1)(e)(e) A proposed scope of study that includes all of the following: NR 132.105(1)(e)1.1. Identification of data requirements needed for preparation of the mining permit application, environmental impact report, mining waste site feasibility report and plan of operation and other applications for permits, licenses, and approvals issued by the department. NR 132.105(1)(e)2.2. Specific methodologies to be utilized in data collection, data processing and synthesis, laboratory methods, and analyses. NR 132.105(1)(e)3.3. Description of the format in which the data will be presented in the environmental impact statement and applications for other approvals, permits and licenses. NR 132.105(1)(e)5.5. Names, addresses, and qualifications of persons who will be responsible for data collection, laboratory work, and impact analysis. Data shall be submitted under the seal of a licensed professional engineer, geologist or hydrologist registered with or licensed by the Wisconsin department of safety and professional services or other professional with expertise directly applicable to the data. NR 132.105(1)(e)6.6. Quality assurance programs employed in obtaining, collecting, generating, and evaluating all baseline data. NR 132.105(1)(e)7.7. Identification of anticipated modeling studies necessary to evaluate facility design and complete environmental impact assessments. NR 132.105(2)(2) The person giving notice under sub. (1) may submit, as part of the notification, specific environmental data that were obtained, collected, or generated prior to submitting a preapplication notification under this section including data reviewed under s. NR 132.104 and data that were not reviewed under s. NR 132.104. To the extent such information is available, the person shall include substantiating background information that will assist the department in establishing the validity of the data including the following: NR 132.105(2)(a)(a) The data obtained, the method of data collection, and the analytical methods employed. NR 132.105(2)(b)(b) The identity of persons obtaining, collecting, and generating the data and their qualifications. Data shall be submitted under the seal of a licensed professional engineer, geologist or hydrologist registered with or licensed by the Wisconsin department of safety and professional services or other professional with expertise directly applicable to the data. NR 132.105(2)(c)(c) Permits, licenses, and approvals that were in effect when the data and information were obtained, collected, and generated prior to submitting the preapplication notification. NR 132.105(3)(3) Upon receipt of the preapplication notification under sub. (1), the department shall give public notice of the department’s receipt of the preapplication notification 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. The department shall make the preapplication notification available for review in the county, city, village, or town in which the mining site is located. The notice under this subsection shall invite interested persons to submit comments regarding information those interested persons believe should be requested from the person submitting a preapplication notification under sub. (1) and information that the interested persons believe the department should seek through independent studies. The department shall hold a public informational hearing to receive comments from interested persons and the hearing shall be completed within 45 days after public notice required under this subsection is given. NR 132.105(4)(4) The department shall receive and consider any comments from interested persons received within 45 days after public notice is given under sub. (3) as to information that the interested persons believe should be requested from the person submitting a preapplication notification under sub. (1) and the information that the interested persons believe the department should seek through independent studies. NR 132.105(5)(5) No later than 90 days after the period for receiving and considering comments from interested persons under sub. (4), the department shall inform the person giving notice under sub. (1) of the type and quantity of information that the department believes to be needed to support an application for a mining permit and the methodology to be used in gathering information and shall identify preliminary verification procedures to be conducted by the department under sub. (9). The department shall specifically inform the person submitting a preapplication notification under sub. (1) of the type and quantity of information on the characteristics of groundwater resources in the area in which mining is anticipated to occur that the department believes is needed to support an application, including the information that the department believes should be included in the applicant’s environmental impact report and the information that the department will need to prepare an environmental impact statement. The department shall also inform the person submitting a preapplication notification under sub. (1) of the application timelines and other filing requirements for all other approvals, licenses, and permits relating to the proposed mining project. NR 132.105(6)(6) No later than 90 days after receiving the information from the department in sub. (5), the person submitting a preapplication notification under sub. (1) shall submit to the department a final scope of study incorporating information provided by the department in sub. (5). NR 132.105(7)(7) All environmental baseline data gathered by a person submitting a preapplication notification under sub. (1) shall be submitted to the department as soon as it is in final form as described in the scope of study. The department may require the person to submit any raw field data collected either by the applicant or by a consultant. NR 132.105(8)(8) The department may at any time after consultation with the person submitting a preapplication notification under sub. (1) revise or modify its requirements regarding information that must be gathered and submitted as part of the information needed for preparation of the mining permit application, environmental impact report, mining waste site feasibility report, plan of operation, or other applications for permits, licenses, and approvals issued by the department. NR 132.105(9)(9) The department may conduct studies necessary to verify information that may be submitted in support of the environmental impact report, mining permit application, or applications for other permits and approvals issued by the department. The department shall develop studies and quality assurance and verification programs in a manner consistent with future monitoring requirements. NR 132.105 HistoryHistory: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) (d) 4. c. made under s. 35.17, Stats., and correction in numbering of (2) (a) to (c) made under s. 13.92 (4) (b) 1., Stats., Register December 2021 No. 792. NR 132.106(1)(1) When a person gives notice under s. NR 132.105 (1) of the person’s intention to apply for a mining permit, the person shall pay the department a fee of $100,000 to reimburse the department for costs incurred by the department in connection with review of the proposed mining project during the year following receipt of the notice, other than any costs related to the environmental impact statement for the proposed mining. NR 132.106(2)(2) The department shall annually compare the fees paid under this section and under chs. 30, 280 to 292, and 295 to 299, Stats., in connection with proposed mining for which notice was given under s. NR 132.105 (1) with the costs incurred by the department in connection with the proposed mining project, including the costs incurred under chs. 30, 280 to 292, and 295 to 299, Stats., but excluding costs related to the environmental impact statement. If the costs incurred exceed the fees paid, the person who provided notice under s. NR 132.105 (1) shall pay a fee equal to the amount by which the costs exceed the fees previously paid. NR 132.106(3)(3) When the department issues or denies a mining permit or when a person who gave notice under s. NR 132.105 (1) ceases to seek approval of the proposed mining project, the department shall compare the fees paid under this section and under chs. 30, 280 to 292, and 299, Stats., in connection with the proposed mining project with the costs incurred by the department in connection with the proposed mining project, including the costs incurred under chs. 30, 280 to 292, and 299, Stats., but excluding costs related to the environmental impact statement. If the costs incurred are less than the fees paid, the department shall pay the person who gave notice under s. NR 132.105 (1) the amount by which the fees exceed the costs. If the costs incurred exceed the fees paid, the person who gave notice under s. NR 132.105 (1) shall pay a final fee equal to the amount by which the costs exceed the fees previously paid. NR 132.106 HistoryHistory: 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 132.107(1)(1) No person may engage in mining or reclamation at any mining site that is not covered by a mining permit and a written authorization to mine as provided in s. NR 132.116 (4). NR 132.107(2)(2) No application for surface mining will be entertained by the department if within the previous 5 years the applicant, or a different person who had received a prospecting permit for a site had certified under s. 293.35 (1), Stats., that he or she would not subsequently make application for a permit to conduct surface mining at the site. NR 132.107(3)(a)(a) An applicant shall submit an application 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 132.107(3)(b)(b) Upon receipt of the application under par. (a), the department shall give public notice of the department’s receipt of the application and the availability, for review, of the mining permit application and additional documents specified under sub. (5), 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 132.107(4)(4) The application shall be accompanied by all of the following: NR 132.107(4)(b)(b) A reclamation plan in accordance with s. NR 132.109 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 132.107(4)(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 mining site and locations both upgradient and downgradient of the mining 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 132.107(4)(d)(d) A list of names and addresses of each owner of land within the mining site and each person known by the applicant to hold any option or lease on land within the mining site and all prospecting and mining permits in this state held by the applicant. NR 132.107(4)(e)(e) Evidence satisfactory to the department that the applicant has applied for necessary approvals and permits under all applicable zoning ordinances. NR 132.107(4)(f)(f) Information specified in s. 293.37 (2) (e) 1., Stats., related to forfeiture of mining reclamation bonds, felony convictions, bankruptcies, or revocations of mining permits by the applicant or related persons within the preceding 10 years. NR 132.107(4)(g)(g) Information relating to whether unsuitability may exist for surface mining to the extent not fully considered under s. 293.45, Stats. NR 132.107(4)(h)(h) Descriptions of land contiguous to the proposed mining site that the applicant owns, leases, or has an option to purchase or lease. NR 132.107(4)(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 132.107(4)(j)(j) A summary of project-related impacts to water supply wells and surface water bodies as a result of groundwater pumping or mine dewatering and steps to mitigate the impacts as provided under s. 293.65 (3) (b), Stats. NR 132.107(4)(k)(k) A summary of environmental management and pollution control technologies that will be implemented at the proposed mining site and documentation that the proposed technology is capable of resulting in compliance with all applicable air, groundwater, surface water, and solid and hazardous waste management laws and rules of the department and is reasonably certain to result in compliance with these laws and rules at the proposed mining site. NR 132.107(4)(L)(L) If not provided in an environmental impact report, information demonstrating the proposed mine will result in a net positive economic impact in the area reasonably expected to be most impacted by the activity. NR 132.107(4)(m)(m) A description of any requested exemptions or variances to provisions of ch. 293, Stats., or this chapter, in accordance with s. NR 132.112. NR 132.107(4)(n)(n) Other pertinent information or documentation that the department may require.
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