NR 182.108(6)(a)
(a) The feasibility report shall include site-specific information and the applicant shall perform field and laboratory investigations to further define site physical, chemical and biological characteristics in accordance with all of the following:
NR 182.108(6)(a)1.
1. Perform field investigations to define the site-specific topography, soil types, hydrogeologic characteristics including initial assessment of the depth of useable groundwater, surface water characteristics including drainage patterns and flow rates and the presence and nature of wetlands.
NR 182.108(6)(a)2.
2. Prepare an existing site conditions plan sheet to include a detailed topographic survey of the area of investigation. All elevations shall be tied to USGS mean sea level datum. The map, if practicable, shall have a scale no greater than 1:2,400 with a contour interval of 0.1 to 4 feet.
NR 182.108(6)(a)3.
3. Prepare the plan in compliance with requirements of s.
NR 182.104 and delineate the property boundaries, proposed waste facility and site boundaries, survey grid, buildings, water supply wells, utility lines, man-made features, soil boring locations, observation well locations and other pertinent information.
NR 182.108(6)(b)
(b) The department shall determine the number and depth of soil borings required depending on the relative homogeneity of the soils at the site, the size of the area, character of the wastes and the geotechnical design requirements for the waste site. The applicant shall drill borings to define sub-surface conditions both inside and outside the proposed limits of filling. The department shall determine the number and location of borings sufficient to sample adequately major geomorphic features such as ridges and lowlands. The applicant shall classify each major soil layer encountered during the boring investigation according to the unified soil classification system. The applicant shall bore the site subject to all of the following provisions:
NR 182.108(6)(b)1.
1. At a minimum, drill borings in 10 separate locations distributed over the first 5 or less acres of the proposed fill area. Drill a minimum of 2 additional borings for each additional 5 or less acres of proposed fill area. The applicant shall ensure that borings are located on a grid pattern covering the proposed facility and are located in or within 300 feet of the proposed limits of filling.
NR 182.108(6)(b)2.
2. Extend borings a minimum of 25 feet below the anticipated sub-base grade. If the boring is located outside the proposed limits of filling, the applicable sub-base grade is the elevation of the bottom of the proposed base liner nearest to the borehole.
NR 182.108(6)(b)3.
3. If regional information suggests that bedrock is within 50 feet of the lowest elevation of the proposed sub-base grades, extend one boring at least 5 feet into bedrock. Every attempt shall be made to locate this boring outside the proposed limits of filling. The applicant shall perform bedrock drilling in accordance with ch.
NR 141.
NR 182.108(6)(b)4.
4. Collect and retain samples and prepare boring logs. In each log, the applicant shall include soil and rock descriptions, method of drilling, method of sampling, sample depths, date of boring, and water level measurements and dates. The applicant shall refer all elevations to USGS mean sea level datum. The applicant shall prepare borings using a format and terminology consistent those recommended by the USGS, American Society of Testing and Materials or other industry standards.
NR 182.108(6)(c)1.1. The applicant shall collect soil samples to adequately determine the geology and ensure proper design and monitoring of the site. The applicant shall collect soil samples at maximum 5-foot depth intervals, unless physical conditions, such as soil homogeneity, indicate that greater intervals would be adequate. When appropriate, the applicant shall collect samples using generally accepted undisturbed soil sampling techniques. The applicant shall classify all soil samples according to the unified soil classification system.
NR 182.108(6)(c)2.
2. The applicant shall perform soil tests including grain-size distribution and Atterburg limits as required for classification and correlation purposes and to develop necessary geotechnical design parameters for the waste site. The applicant may not composite samples for testing purposes.
NR 182.108(6)(c)3.
3. The applicant shall include other physical, chemical, and biological testing as appropriate in soil testing.
NR 182.108(6)(d)
(d) The applicant shall determine the hydraulic conductivity of the various soil strata. The applicant shall use in situ hydraulic conductivity testing procedures to confirm laboratory values.
NR 182.108(6)(e)
(e) The applicant shall install groundwater wells and piezometers at locations sufficient to define the hydrogeologic and groundwater quality conditions of the proposed mining waste facility and for determining whether the proposed facility will be capable of complying with applicable groundwater standards required under s.
NR 182.107. The applicant shall comply with all of the following requirements:
NR 182.108(6)(e)1.
1. Install observation wells to adequately define the water table surface and horizontal and vertical hydraulic gradients in and around the proposed site. At a minimum, install 5 water table observation wells for the first 5 or less acres of disposal area and one additional observation well for each additional 5 or less acres of disposal area. Construct the observation wells so that the water table intersects the well screens at all times during the year.
NR 182.108(6)(e)2.
2. Install a piezometer adjacent to a water table observation well at 2 separate locations to create well nests for the first 5 or less acres of disposal area. Install one additional piezometer for each additional 10 or less acres of disposal area to create additional well nests. For every 20 acres of disposal area, place at least one well nest within the proposed limits of filling.
NR 182.108(6)(e)3.
3. For proposed limits of filling located in a fine-grained soil environment, each well nest required under subd.
2. shall consist of 3 wells: a water table observation well, a piezometer installed at or just below the proposed sub-base grades, and a deeper piezometer installed at least 15 feet below the bottom of the upper piezometer's well screen.
NR 182.108(6)(e)4.
4. Ensure that wells are located upgradient and downgradient of the proposed facility, within the limits of filling, within and at the mandatory intervention boundary and within and at the design management zone.
NR 182.108(6)(e)5.
5. Construct water table observation wells and piezometers in compliance with ch.
NR 141 unless an alternative method of well design and installation is approved by the department prior to well construction.
NR 182.108(6)(e)6.
6. Collect and analyze soil samples as described in par.
(c) 1. to
3. from all observation wells and piezometers, or the deepest well of a well nest, or a sampled boring within 20 feet of such a well if the soil boring is of similar depth.
NR 182.108(6)(e)7.
7. Document well construction in accordance with ch.
NR 141 and include the elevation of the ground surface, the top of the pipe, the bottom of each boring, the well seals, the screened interval, a description of well construction, and a boring log, as required in par.
(b) 4. NR 182.108(6)(e)9.
9. Make successive water level measurements in each well or piezometer until stabilized readings are obtained.
NR 182.108(6)(e)10.
10. Design, install, develop, document and sample all wells in accordance with ch.
NR 141. The department may approve alternative methods of well design and installation that achieve comparable results prior to well construction.
NR 182.108(6)(f)
(f) The applicant shall prepare an environmental characterization report that describes the structure and functional relationships of potentially impacted ecosystems. The report shall include an analysis of all relevant site-specific environmental information data and all of the following:
NR 182.108(6)(f)1.
1. A baseline environmental monitoring program consistent with the requirements of ss.
NR 132.105 and
132.117. The baseline program shall address physical-chemical and biological monitoring in the vicinity of the proposed mining waste facility necessary to evaluate the potential environmental impacts associated with construction and operation of the facility. The applicant shall select physical-chemical parameters based on transport and transformation mechanisms in the environment as well as other factors affecting the mobility and toxicity of pollutants. The applicant shall select biological parameters based on the environmental characterizations, the degree of impact predicted, and the potentially affected organisms' sensitivity to contaminants. The applicant shall select monitoring programs of sufficient scope and duration to adequately characterize seasonal and spatial variability in natural conditions.
NR 182.108(6)(f)2.
2. A land use map showing plant communities, wildlife habitat, endangered and threatened species occurrences, to the extent that disclosure of such information is not restricted, archeological or historic sites, buildings, and areas of social and cultural importance. The applicant shall use the existing site conditions map as a base map.
NR 182.108(6)(f)3.
3. The baseline groundwater quality at all wells that were installed outside the proposed limits of filling to evaluate the proposed mining waste facility. The applicant shall analyze samples for appropriate indicator parameters including, calcium, magnesium, sodium, potassium, iron, manganese, bicarbonate, sulfate, nitrate, chloride and alkalinity, public welfare related parameters identified in ss.
NR 140.12 and
140.20, and other constituents based on the specific waste types and waste characteristics. The department may require additional parameters based on the results of ongoing monitoring and characterization studies. To determine baseline groundwater quality for the parameters, the applicant shall collect and analyze a minimum of 8 samples, with at least 30 days between samples, and submit the results to the department with the feasibility report and plan of operation.
NR 182.108(6)(f)4.
4. A table showing existing water quality of all potentially affected surface waters. The table shall include navigable waters, as defined in s.
30.01 (1m), Stats., and important aquatic habitat, including wetlands, springs and area of special natural resource interest, as defined in s.
30.01 (4m), Stats.
NR 182.108(6)(f)5.
5. Local climatological data for seasonal precipitation, evaporation, air temperature, and wind velocity and direction. The applicant shall collect meteorological data in the vicinity of the proposed facility to facilitate correlation of the on-site conditions with data from existing regional sites with long-term meteorological records.
NR 182.108(7)
(7) The applicant shall propose a facility design, based on the conclusions resulting from the analysis of site data and waste characterization, capable of ensuring compliance with applicable standards. The proposed facility design shall consist of the preliminary type, size, and location of the proposed facility, engineering plans, a general discussion of proposed operating procedures, and a proposed monitoring program. This section of the feasibility report shall include, for each waste site, all of the following:
NR 182.108(7)(a)
(a) A map, using the existing site conditions map as a base, that shows proposed access, lateral extent of filling, and phases of facility development.
NR 182.108(7)(b)
(b) A series of cross-sections showing present topography, proposed base grades, and final grades, using the geological sections as a base.
NR 182.108(7)(d)
(d) The proposed methods for leachate minimization, collection, and treatment.
NR 182.108(7)(e)
(e) The proposed operating procedures including the method of site development, phasing, erosion control, and stormwater management, screening, access control, and other special design features.
NR 182.108(7)(f)
(f) The estimated material balances prepared from best available information showing the quantities of the wastes identified in par.
(a). These material balances shall include all of the following:
NR 182.108(7)(f)1.
1. The projected conditions existing at the end of a typical year of production.
NR 182.108(7)(f)2.
2. The projected conditions existing before and after a significant change in operating practice of the mine waste site or facility, such as the end of active filling and subsequent closure of a cell of a tailings disposal area and the establishment of another.
NR 182.108(7)(f)4.
4. The projected conditions existing at the end of closure and final reclamation.
NR 182.108(7)(g)
(g) A discussion of the reasoning and logic behind the design of the major features of the site, such as traffic routing, base grade, and relationships to subsurface conditions, phases of development, anticipated waste types and characteristics, acid-generation controls, liner system and final cover system design, facility monitoring, and similar design features necessary to ensure compliance with applicable standards.
NR 182.108(7)(h)
(h) A proposed monitoring program developed for the purpose of determining whether the proposed facilities meet all environmental standards. The initial monitoring program design and specifications should be based on potential variations in the quality and quantity of waste materials, methods of processing, transport and disposal, and the variability of important environmental conditions.
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.
