NR 182.108(7)(i)
(i) The information, based on predictive modeling, to demonstrate that there is a reasonable certainty that the facility, as designed, will not result in a violation of the groundwater quality standards, specified in ch.
NR 140, beyond the design management zone and within the depth of useable groundwater. The operator shall demonstrate compliance with applicable groundwater and surface water quality standards for a period consisting of the time period in which the mining waste site is proposed to operate, plus 250 years after closure of the mining waste site, unless a shorter time period is specified by the department. If any statistically significant change in baseline groundwater quality is predicted, the applicant shall prepare a specific assessment of any adverse environmental impacts reasonably expected to result. If the background concentration of a substance attains or exceeds a preventive action limit for that substance or if it is expected, with reasonable certainty, that a preventive action limit will be exceeded beyond the design management zone, the applicant shall request an exemption under ss.
NR 140.28 and
182.119.
NR 182.108(7)(j)
(j) For expansion of existing facilities, an evaluation of the effectiveness of the existing site design and operation.
NR 182.108(8)
(8) The applicant shall complete a groundwater modeling analysis of potential impacts. The analysis shall include enough information to assess existing groundwater flow conditions and to predict possible impacts to groundwater quality and quantity from the mining waste facility and other facilities on the mining site in compliance with the requirements of sub.
(7) (i) and s.
NR 182.107. The groundwater modeling analysis shall be completed in coordination with groundwater studies conducted to comply with chs.
NR 132 and
150, ss.
281.34 and
293.65, Stats., and other applicable laws and rules of the department. The modeling analysis shall include the following:
NR 182.108(8)(a)
(a) A clear statement of the purpose and objectives of the model.
NR 182.108(8)(b)
(b) A discussion of the hydrologic data necessary to construct the groundwater model and the methods proposed to obtain the necessary data.
NR 182.108(8)(c)
(c) A discussion of the formulation of the conceptual hydrologic model of the study area, including dimensionality, transience, and boundary conditions.
NR 182.108(8)(d)
(d) A discussion of the selection criteria for choosing the model code used to simulate the study area and forecast future conditions. Models used for groundwater flow and contaminant transport analyses shall consist of public domain open source software. Secondary models used to generate and organize input files, process model outputs or evaluate model boundaries are not required to consist of public domain open source software but must be fully documented and verified.
NR 182.108(8)(e)
(e) A description of the design and construction of the model, including how the conceptual understanding of groundwater flow is translated to the groundwater model.
NR 182.108(8)(f)
(f) A discussion of model calibration and verification, including what model parameters were adjusted, what targets were used in the calibration process, how well the model performs at verification/history matching, and why the history matching process and selected targets are appropriate for the modeling purpose. Also included in the model calibration should be a discussion of statistics used to quantify model calibration.
NR 182.108(8)(g)
(g) A sensitivity analysis to determine how uncertainty in model parameters or boundary conditions might impact the model predictions.
NR 182.108(8)(h)
(h) The predictive simulations that address the modeling objectives and that simulate a range of possible outcomes.
NR 182.108(8)(i)
(i) The uncertainty analyses of the model overall to help quantify the underlying uncertainty of assumptions made during the modeling process, and analysis of how this uncertainty impacts the model predictions.
NR 182.108(8)(j)
(j) A modeling report that addresses all the information in this subsection, as well as all modeling files and data necessary to review the modeling effort.
NR 182.108(9)
(9) The feasibility report shall include a preliminary water budget for 3 time periods: before construction, during active operation, and after facility closure. The water budget calculations shall be made for 3 climatological situations depicting dry, wet, and average precipitation - evaporation conditions based on climatologic records. The water budget shall describe the estimated amount and quality of seepage and discharge to surface and groundwater. The applicant shall consider all of the following factors in preparation of the water budget: precipitation, slurry water input and return, evaporation, surface runoff, infiltration, evapotranspiration, groundwater recharge rates, soil and waste moisture holding capacity, and groundwater flow velocities and volume.
NR 182.108(10)
(10) The feasibility report shall include an analysis of the impact of the waste disposal site on aesthetics and how such impact can be minimized.
NR 182.108(11)
(11) The feasibility report shall include a summary of the slope stability analyses of all mining waste facilities conducted as part of the plan of operation under s.
NR 182.109 (2) (b) 15., in the feasibility report.
NR 182.108(12)
(12) The feasibility report shall include a discussion of design, location and operational alternatives that includes all of the following:
NR 182.108(12)(a)
(a) Identification and evaluation of alternatives to the design and location of any new proposed waste site, including an economic analysis of sites that are both environmentally and economically feasible. Operation alternatives shall be discussed to the extent they have a significant impact on design and location alternatives.
NR 182.108(12)(b)
(b) Identification and analysis of various alternative sites so that a legitimate comparison between several of the most viable sites can be made. In order to minimize the total adverse environmental impact, a viable site shall be chosen that will result in the least total overall adverse environmental impact.
NR 182.108(12)(c)
(c) Documentation of the process by which the preferred site and critical design elements were selected. The analysis shall document that the preferred site and design will result in the least overall environmental impact compared to other viable sites and designs.
NR 182.108(12)(d)
(d) Supporting data for all viable alternative waste sites and designs considered by the applicant in the siting and design alternatives analysis.
NR 182.108(13)
(13) The feasibility report shall include an appendix that contains all of the following:
NR 182.108(13)(a)
(a) Boring logs, soil tests, well construction data, and water level measurements.
NR 182.108(13)(b)
(b) The measured baseline values for all parameters monitored, the spatial and temporal variability of these baseline values, and the error associated with the baseline values and the natural variability. For all parameters with significant variability or sample frequency problems that will make comparison with subsequent analyses less reliable than expected or desired, the applicant shall identify additional monitoring or analytical measures to achieve the desired levels of precision. The applicant shall provide sufficient data, documentation of statistical procedures, and summary statistics to allow independent evaluation of baseline values.
NR 182.108(14)(a)(a) The department shall review a feasibility report submitted under this chapter in accordance with the time limitations specified in ss.
293.40 and
293.495, Stats.
NR 182.108(14)(b)
(b) Following completion of the hearing and within the time periods specified under s.
293.43, Stats., the department shall issue a final determination of feasibility that states the findings of fact and conclusions of law upon which the determination is based. The site may be found feasible if it meets the design, operation, location, and environmental standards contained directly or by cross-reference in this chapter. The department may condition the issuance of the final determination of feasibility upon special design, operational, or other requirements deemed necessary to ensure compliance with applicable standards. The final determination of feasibility shall specify the design capacity of the proposed facility. The issuance of a favorable final determination of feasibility constitutes approval of the facility for the purpose stated in the application but does not guarantee plan approval under s.
NR 182.109, or licensure under s.
NR 182.111.
NR 182.108 History
History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (2), (4) (a), (6) (e) 3., (f) 3., 4., (8) (intro.) made under s. 35.17, Stats., correction in (2) made under s. 13.92 (4) (b) 3., correction in (8) (j) made under s. 13.92 (4) (b) 7., Stats., and correction in numbering of (14) made under s. 13.92 (4) (b) 1., Stats., Register December 2021 No. 792. NR 182.109(1)(1)
No person may establish or construct a mining waste site or expand an existing mining waste site until a plan of operation has been submitted to the department in accordance with this section and approved in writing by the department. No person may establish, construct, operate, maintain, close, provide long-term care for, or terminate a mining waste facility except in accordance with the approved plan of operation. The plan of operation shall be prepared and submitted to the department in accordance with s.
NR 182.104. The plan of operation shall be submitted at the same time as the permit application and plans submitted under ch.
NR 131 or
132 and shall be consistent with the applications and plans submitted under ch.
NR 131 or
132. For new facilities on permitted mining or prospecting sites, a person may submit a plan of operation with the feasibility report or at any time after the feasibility report is submitted. No person may submit a plan of operation for a facility prior to the time the person submits a feasibility report to the department for that facility. If the proposed waste site is a surface mine backfilled with mining waste, a person may satisfy the requirements for submitting the plan of operation under this section by including the information required by this section in the mining permit application submitted to the department under ch.
NR 132 and issuance by the department of the mining permit shall constitute approval of the plan of operation requirements.
NR 182.109(2)
(2) All plans of operation for waste sites shall be consistent with the feasibility report and mining permit application for the waste site and shall contain detailed plans and specifications necessary for the construction, operation, closure, long-term care and termination of the project. All information shall be presented in a clear and understandable manner. The plan of operation shall contain all of the following information:
NR 182.109(2)(a)
(a) A set of engineering plans drawn on standard 24-inch by 36-inch plan sheets. If facility details cannot be shown on standard plan sheets at a 1:100 scale, the engineering plans may be drawn on 30-inch by 42-inch plan sheets. All plan sheets except the title sheet, existing conditions sheet, cross-sections, and details sheets shall utilize the existing conditions sheet as a base map. For complex plans, existing conditions within the mining waste facility area may be shown by lighter lines or may be eliminated. All plan sheets shall also be submitted in digital form using appropriate geographic information system format. The engineering plans shall include all of the following:
NR 182.109(2)(a)1.
1. A title sheet that indicates the project title, who prepared the plans, the date the plans were prepared, the applicant for whom the plans were prepared, a table of contents, a map showing the location of the facility relative to the other mining project facilities, the location of the facility within the county or multicounty area, and the location of the county or multicounty area within the state.
NR 182.109(2)(a)2.
2. An existing conditions plan consisting of a detailed topographic map of the proposed facility and all areas within 1,500 feet of the proposed limits of filling prior to development. The minimum scale shall be 1" = 200 feet with a maximum 2-foot contour interval. The contour interval selected shall be sufficiently small to clearly show surface water flow patterns within and around the facility. All elevations shall be related to USGS datum. The existing conditions plan shall identify and define all of the following:
NR 182.109(2)(a)2.a.
a. The surface waters including intermittent and ephemeral streams and wetlands.
NR 182.109(2)(a)2.b.
b. The property boundaries, the proposed waste facility boundary, and the proposed limits of filling.
NR 182.109(2)(a)2.c.
c. A north arrow, mining waste facility survey grid, a formula for converting grid locations to the state plane coordinate system, and the locations of all existing and proposed survey monuments.
NR 182.109(2)(a)2.e.
e. The locations of all soil borings, all existing and abandoned groundwater monitoring wells, all public and private water supply wells, and the general locations of all known septic system drain fields within 1,000 feet of the mining waste facility or within 500 feet of any monitoring well.
NR 182.109(2)(a)2.f.
f. Any utility lines, underground pipelines and
electrical lines, access control, and other constructed topographic and drainage features.
NR 182.109(2)(a)3.
3. Plan sheets that depict the sub-base grades, all sub-base appurtenances, such as lysimeters or drain pipes, and the base grades.
NR 182.109(2)(a)4.
4. Separate plan sheets that depict the overall mining waste facility area and the limits of liner construction and filling. The plan sheets shall depict the layout and slope of the liner system and leachate collection system including pipes, sumps, riser pipes on interior sideslopes, manholes, trenches, berms, lift stations, permanent storm water control structures, pipe cleanouts, and other pertinent structures. Invert elevations shall be provided at any changes in grade for all leachate and groundwater collection and transfer systems.
NR 182.109(2)(a)5.
5. A series of phasing plan sheets that show facility development through time. The location of peripheral features such as support buildings, access roads, drainage ditches, sedimentation basins, any other storm water management features, and screening berms shall be indicated on this plan. At a minimum, the engineering plan shall provide a separate plan sheet for initial construction and for each subsequent phase of development or new area where substantial construction is to be performed. These subsequent phasing plan sheets shall present the final filling surfaces in the previous phases of development; the limits of clearing, grubbing, and topsoil removal; the base grades of the new phase of filling; the anticipated surface contours of soil stockpiles at the time depicted on the plan sheet; and storm water management features. Each plan shall include a list of construction items and quantities necessary to prepare the phase of development indicated on the plan.
NR 182.109(2)(a)6.
6. Plan sheets that depict the features to be constructed for storm water management at the time of initial construction, during phased development, and after closure of the mining waste facility. Plan sheets shall include the locations of sediment basins, drainage ditches, auxiliary sediment traps, and the anticipated extent of cleared ground and stockpiles during each major phase of facility development. Plan sheets shall include a list of anticipated actions and materials needed for sediment and erosion control.
NR 182.109(2)(a)7.
7. A final waste grades plan sheet that indicates waste final grades. The engineering plan shall include a final topography plan sheet to indicate the condition of the entire facility following closure including storm water drainage features and the location of all other penetrations of the final cover, if applicable.
NR 182.109(2)(a)8.
8. A facility monitoring plan that shows the location of the design management zone as determined under s.
NR 182.107 and all devices for the monitoring of leachate quality and quantity, unsaturated zone water quality and flow rate, groundwater quality, storm water quality, and surface settlement.
NR 182.109(2)(a)9.
9. A long-term care plan sheet that shows the topography of site at the completion of closure. This plan sheet shall include a table identifying those items anticipated to be performed during the period of long-term care for the site including the proposed schedule for monitoring and maintenance of the facility. The applicant may include the information in this subdivision in the final site topography plan sheet if clarity is not compromised, or reference may be made to the appropriate section of the operations manual and design report.
NR 182.109(2)(a)10.
10. Detailed plan review sheets that show a minimum of 2 cross-sections in each direction drawn perpendicular and parallel to the facility baseline through the major dimensions of the facility. The applicant shall illustrate the location of the cross-sections using a reduced scale plan view on each cross-section. Each combined engineering and geologic cross-section shall show all of the following:
NR 182.109(2)(a)10.c.
c. Soil borings and monitoring wells that the depicted cross-section passes through or that are adjacent to the cross-section.
NR 182.109(2)(a)10.d.
d. Soil and bedrock types. For clarity, a number or symbol shall be used to label major soil units instead of extensive shading.
NR 182.109(2)(a)10.i.
i. Access roads and ramps on the perimeter of the disposal area and within the active fill area.
NR 182.109(2)(a)10.k.
k. Important construction features of the liner, final cover, lysimeters, leachate collection trenches and sumps, liner penetrations, sideslope risers, and drainage systems for storm water.
NR 182.109(2)(a)11.
11. Drawings showing details and typical cross-sections for all of the following:
NR 182.109(2)(a)11.e.
e. Leachate collection system components, including pipe bedding, manholes, transfer lines, force mains, and storage tanks.
NR 182.109(2)(b)
(b) An operations manual and design report consisting of all of the following information:
NR 182.109(2)(b)1.
1. A table of contents that outlines, by section title and page number, the discussion required in this section.
NR 182.109(2)(b)3.
3. A discussion of the considerations and rationale behind design of the major engineering features of the facility. As appropriate for the specific facility design, the discussion shall include base grade configuration and relationship to subsurface conditions, liner design, phases of facility development and closure, traffic routing, storm water management, erosion, and sediment control measures, final cover systems, and monitoring systems. Specific attention shall be given to sidewall penetrations, sideslope riser and sump area volumes and construction, and piping located outside of the limits of filling. In addressing each of the above design items, the report shall indicate how the anticipated waste types and characteristics influenced the chosen design.
NR 182.109(2)(b)4.a.
a. Initial site preparations and construction methods relating to clearing and grubbing, topsoil stripping, and other excavations.
