Chapter NR 132

NR 132.108(4)(i) (i) Impoundment of water where necessary in a safe and environmentally acceptable manner.

NR 132.108(4)(j) (j) Adequate planning of the site to achieve the aesthetic standards for the entire mining site described in ss. NR 132.110 (1) (e) and 132.111 (1).

NR 132.108(4)(k) (k) 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 132.108(4)(L) (L) Identification and prevention of significant environmental pollution as defined in s. 293.01 (4), Stats.

NR 132.108(4)(m) (m) 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 132.108(5) (5) Submission of a plan for a pre-blasting survey to document the condition of permanent structures and buildings within the area potentially affected by blasting at the mining site as determined under s. SPS 307.41 (2), with such survey being completed and submitted to the department prior to any blasting.

NR 132.108 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 132.109 NR 132.109 Reclamation plan. The reclamation plan for the mining site shall include all of the following:

NR 132.109(1) (1) Detailed information and maps on reclamation procedures including all of the following:

NR 132.109(1)(a) (a) Manner, location, sequence, and anticipated duration of reclamation.

NR 132.109(1)(b) (b) Ongoing reclamation procedures during mining operations.

NR 132.109(1)(c) (c) Proposed interim and final topography and slope stabilization.

NR 132.109(1)(d) (d) Proposed final land use and relationship to surrounding land and land use.

NR 132.109(1)(e) (e) Plans for long-term maintenance of the mining site, including all of the following:

NR 132.109(1)(e)1. 1. Monitoring of all of the following, as applicable:

NR 132.109(1)(e)1.a. a. Wastes, groundwater levels and quality, and surface water levels and quality.

NR 132.109(1)(e)1.b. b. Leachate, slope stability, vegetation, groundwater elevation, surface water flows and elevations, wetlands, and other aquatic and terrestrial systems.

NR 132.109(1)(e)2. 2. Details related to decommissioning or removing monitoring devices that are no longer in use.

NR 132.109(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 132.109(1)(e)4. 4. Names of persons legally and operationally responsible for long-term maintenance.

NR 132.109(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 132.109(1)(g) (g) Projected costs of periodic repair or replacement of any engineered cover systems or water management control systems used at the mining site or mining waste site 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 132.109(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 132.122.

NR 132.109(2) (2) Evidence satisfactory to the department that the proposed reclamation will conform with all of the following minimum standards:

NR 132.109(2)(a) (a) Toxic and hazardous wastes, refuse, tailings, and other solid waste shall be disposed of in conformance with applicable state and federal statutes or regulations.

NR 132.109(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 132.109(2)(c) (c) Underground and surface runoff waters from mining 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 132.109(2)(d) (d) Surface structures constructed as a part of the mining activities shall be removed, unless they are converted to an acceptable alternate use, as determined by the department.

NR 132.109(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 132.109(2)(f) (f) Topsoil from surface areas disturbed during the mining operation shall be removed and stored in an environmentally acceptable manner for use in reclamation.

NR 132.109(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 mining, 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 132.109(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 132.109(4) (4) If requested by the department, a comprehensive long-term plan as provided in s. 293.37 (4) (b), Stats., related to reclamation of operator-controlled lands contiguous to the mining site.

NR 132.109 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 132.110 NR 132.110 Location criteria and environmental standards.

NR 132.110(1) (1) No person shall establish, construct, operate, or maintain the use of property for any mining related buildings, roads, ponds, or other purposes within the following areas, except pursuant to an exemption granted under s. NR 132.112 or in compliance with another approval, license, or permit issued by the department:

NR 132.110(1)(a) (a) Within areas identified as unsuitable under s. NR 132.103 (23).

NR 132.110(1)(b) (b) Within 500 feet of the ordinary high-water mark of any existing navigable lake, pond, or flowage.

NR 132.110(1)(c) (c) Within 500 feet of the ordinary high-water mark of a navigable river or stream.

NR 132.110(1)(d) (d) Within a floodplain.

NR 132.110(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:

NR 132.110(1)(e)1. 1. Any state trunk highway, interstate, or federal primary highway.

NR 132.110(1)(e)2. 2. The boundary of a state public park.

NR 132.110(1)(e)3. 3. The boundary of a scenic easement purchased by the department or the department of transportation.

NR 132.110(1)(e)4. 4. The boundary of a designated scenic or wild river.

NR 132.110(1)(e)5. 5. A scenic overlook designated by the department by rule.

NR 132.110(1)(e)6. 6. A bike or hiking trail designated by the United States congress or the state legislature.

NR 132.110(1)(f) (f) Within wetlands, except pursuant to the provisions under s. 281.36, Stats.

NR 132.110(1)(g) (g) Within areas that will result in noncompliance with applicable groundwater quality and quantity protection provisions.

NR 132.110(1)(h) (h) Within areas that will result in noncompliance with other applicable federal and state laws and regulations.

NR 132.110 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 132.111 NR 132.111 Minimum design and operation. An operator shall construct, establish, operate, and maintain a mining site in conformance with the requirements of this chapter, conditions attached to the mining permit, and all of the following requirements:

NR 132.111(1) (1) An operator shall construct a mining site to meet all of the following requirements:

NR 132.111(1)(a) (a) Place site elements where least observable from off the premises in any season.

NR 132.111(1)(b) (b) Place site elements within the area of the overall site that is most visually compatible in respect to building shape.

NR 132.111(1)(c) (c) Paint and maintain buildings and other structures in a manner that is visually compatible with the surrounding vegetational and earth conditions. If a building or other structure cannot be painted and maintained in a manner that is visually compatible or if painting and maintaining a building or other structure in a manner that is visually compatible would cause safety concerns, the building or structure shall be made as visually inconspicuous as is practicable.

NR 132.111(2) (2) An operator shall implement effective means, consistent with applicable state and federal safety-related regulations, to limit access to the site to minimize exposure of the public to hazards.

NR 132.111(3) (3) An operator shall use mine-mill chemicals and reagents on the mining site and handle materials containing residual amounts of reagents in accordance with all of the following requirements:

NR 132.111(3)(a) (a) An operator may not use reagents on the mining site in a manner that will result in any substantial harm to public health and safety or result in significant environmental pollution.

NR 132.111(3)(b) (b) An operator shall provide adequate treatment of any discharge to waters of the state that contains reagents or residuals of reagents, as required under chs. 281 and 283, Stats., and rules promulgated under those sections.

NR 132.111(3)(c) (c) An operator shall not use or store reagents on the mining site if they are not approved in the plan of operation under s. NR 182.109 or the mining plan under s. NR 132.108, except for reagents for laboratory, testing, research, or experimental purposes.

NR 132.111(3)(d) (d) An operator shall handle and store reagents and other chemicals used in the mining and milling processes on the mining site in compliance with all applicable state and federal regulations.

NR 132.111(4) (4) An operator shall handle and store flammable, combustible, or hazardous liquids, including fuel and oil products, on the mining site in compliance with applicable state and federal regulations including ch. ATCP 93 and federal spill prevention control and countermeasure regulations in 40 CFR part 112.

NR 132.111(5) (5) Reasonable effort shall be made to reduce and control the production of contaminated water.

NR 132.111(6) (6) Contaminated water, including liquid effluents, from whatever source associated with the project should be collected, stored, recycled or treated to ensure compliance with applicable water quality standards.

NR 132.111(7) (7) An operator shall collect and treat contaminated nonpoint source runoff from disturbed areas within the mining site in a manner that facilitates monitoring, maximum practicable recycling, reuse, and consumption within the mining operation. An operator shall minimize nonpoint sources of water pollution. The department shall regulate discharges of pollutants from storm water and wastewater pursuant to ch. 283, Stats.

NR 132.111(8) (8) An operator shall make provisions for critical back-up equipment in the event of operation equipment breakdown.

NR 132.111(9) (9) An operator shall include contingencies for emergency conditions in design and operation specifications for mining site facilities. Such contingencies may include emergency power supplies, equipment redundancies, or temporary holding facilities.

NR 132.111(10) (10) An operator shall design, construct, maintain, operate, and reclaim any mining site permitted under this chapter to protect groundwater quality and quantity in accordance with the requirements of ch. NR 182 and ss. 293.37 (5), 293.65, and 293.66, Stats.

NR 132.111(11) (11) An operator may not use waste containing potentially harmful concentrations of acid generating material for purposes such as construction fill material for surface facilities or the construction of parking lots or roads at a permitted mining site.

NR 132.111(12) (12) An operator shall design mining site facilities to minimize surface area disturbance unless an alternate mining site design results in less overall environmental impact.

NR 132.111(13) (13) An operator shall utilize, where practicable, elevation differences in water-based transport systems for gravity flows to minimize pumping facilities and pressures.

NR 132.111(14) (14) An operator shall design tailings transport pipelines in accordance with all of the following criteria:

NR 132.111(14)(a) (a) Design tailings pipelines, if not buried, to provide for emergency tailings conveyance or storage should a pipeline break, plug, freeze, or require repairs and make accessible for inspection, emergency repair, and maintenance.

NR 132.111(14)(b) (b) Provide adequately sized emergency spill areas near the tailings pipeline in case of power or pipeline failure. The location of emergency spill areas shall be consistent with the prevention of environmental pollution of surface waters and with the requirements of this chapter unless subject to an exemption under s. NR 132.112. In some cases, as determined by the department, such as a long pipeline over rough country, more than one spill area may be necessary.

NR 132.111(14)(c) (c) Tailings pipelines shall be self-draining to the tailings area or to an emergency spill area, or both, and provisions shall be made for availability and use of standby pumps, pipelines, and power supplies.

NR 132.111(14)(d) (d) Tailings pipelines shall be as short as practicable and pipeline routes shall be selected that result in the least overall environmental impact and avoid crossing navigable waters and passing through wetlands whenever possible. If a route which crosses a navigable waterway or passes through a wetland is unavoidable or is the route that results in the least overall environmental impact, the pipeline shall be designed and constructed in compliance with all applicable rules of the department.

NR 132.111(14)(e) (e) Tailings pipelines shall include flow monitoring and leak detection systems.

NR 132.111(15) (15) An operator shall employ best management practices to control the spread of invasive species on the mining site during construction, operation and reclamation of project facilities.

NR 132.111 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (4), (10) made under s. 35.17, Stats., Register December 2021 No. 792.

NR 132.112 NR 132.112 Exemptions and variances.

NR 132.112(1) (1) Authority to grant exemptions and variances. The department may grant an exemption or variance, as provided in this section, from any of the requirements of this chapter applicable to any of the following:

NR 132.112(1)(a) (a) A mining permit application, including the mining plan, reclamation plan, monitoring plan, mining waste site feasibility study, and mining waste site plan of operation.

NR 132.112(1)(b) (b) A mining permit.

NR 132.112(2) (2) Exemption and variance requests submitted as part of the mining permit application process.

NR 132.112(2)(a) (a) To the extent feasible, an applicant shall submit all requests for exemptions or variances under this section as part of an application for a mining permit or the mining waste site feasibility report or plan of operation and shall describe the grounds for the exemption or variance including documentation identifying the physical conditions that necessitate the exemption or variance, other reasons for the exemption or variance, discussion of any environmental impacts that will result from issuance of the exemption or variance, mitigation measures, if any, proposed to offset adverse impacts resulting from the exemption or variance, and the reasonableness of the exemption or variance.

NR 132.112(2)(b) (b) An applicant shall submit an application for an exemption or variance under this subsection no later than 60 days after the mining permit application is considered complete under s. 293.495 (1) (a) 2., Stats. The department may consider an application for an exemption or variance submitted after that time, but only if the application is received in time to allow the application to be considered at the public informational hearing for the mining permit under s. 293.43 (3m), Stats.

NR 132.112(2)(c) (c) The department shall issue a decision on a request for an exemption or variance as part of the decision on the mining permit under s. NR 132.114 and, except as provided in par. (d), the department shall grant the exemption or variance if it is consistent with the purposes of this chapter and ch. 293, Stats., will not violate any applicable state environmental law outside of this chapter and ch. 293, Stats., will not endanger public health, safety, or welfare and will not result in significant adverse environmental impacts on or off the mining site.

NR 132.112(2)(d) (d) The department shall deny a request for an exemption or variance if granting the exemption or variance will result in a violation of federal law.