293.39(3)(3) To the extent that an environmental impact statement on a prospecting permit application under s. 293.35, if prepared, fully considered unsuitability of the prospecting site for surface mining by virtue of unique features of the land as enumerated in s. 293.01 (28), that portion of the previous impact statement may be adopted in the impact statement on the mining permit application. 293.39 HistoryHistory: 1991 a. 259; 1995 a. 227 s. 780, 782; Stats. 1995 s. 293.39. 293.40293.40 Timeline for review. 293.40(1)(1) Subject to subs. (4) and (5), within 180 days after an applicant submits an application for a prospecting or mining permit, an environmental impact report, if required, and any applications for other approvals, licenses, or permits relating to the prospecting or mining operation the department shall review the information submitted and, if necessary, provide comments to the applicant and request additional information from the applicant relating to the proposed prospecting or mining project. 293.40(2)(2) Subject to subs. (4) and (5), if the department requests additional information from an applicant under sub. (1), within 90 days after the applicant provides additional information the department shall review the information submitted and, if necessary, provide comments to the applicant and request additional information from the applicant relating to the proposed prospecting or mining project. 293.40(3)(3) Subject to sub. (5), if the department requests additional information from an applicant under sub. (2), within 180 days after the applicant provides additional information the department shall prepare a draft environmental impact statement, a draft prospecting or mining permit, and draft approvals, licenses, or permits relating to the prospecting or mining operation. If the department requests additional information from an applicant under sub. (1) but not under sub. (2), the department shall prepare these draft documents within 180 days after the expiration of the 90-day period under sub. (2). If the department does not request additional information from an applicant under sub. (1) or sub. (2), the department shall prepare these draft documents within 180 days after the expiration of the 180-day period under sub. (1). 293.40(4)(4) Subject to sub. (5), if before the expiration of the 90-day period under sub. (2) the secretary of the department determines that the applicant has made a substantial modification to the mining or prospecting plan that significantly changes the information necessary to prepare an environmental impact statement or adequately review an application, the department shall notify the applicant of the secretary’s determination and request additional information from the applicant. Upon the applicant’s submission of additional information, the timeline under this section shall begin again, starting with the period described in sub. (1). A determination by the secretary under this subsection is not subject to administrative or judicial review and may be made only once during an applicant’s permitting process. 293.40(5)(5) The department and the applicant may agree to modify all or part of the timeline under this section. 293.40(6)(6) The department may request additional information needed to process a prospecting or mining permit application or any other application for an approval, license, or permit related to the prospecting or mining operation after making requests for additional information under this section, but the department may not delay the application and review process based on another request for additional information. 293.40 HistoryHistory: 2017 a. 134. 293.41293.41 Local agreements. 293.41(1)(1) A county, town, village, city or tribal government that requires an operator to obtain an approval or permit under a zoning or land use ordinance and a county, town, village or city in which any portion of a proposed mining site is located may, individually or in conjunction with other counties, towns, villages, cities, or tribal governments, enter into one or more agreements with an operator for the development of a mining operation. 293.41(2)(2) An agreement under sub. (1) shall include all of the following: 293.41(2)(a)(a) A legal description of the land subject to the agreement and the names of its legal and equitable owners. 293.41(2)(d)(d) A description of any conditions, terms, restrictions or other requirements determined to be necessary by the county, town, village, city or tribal government for the public health, safety or welfare of its residents. 293.41(2)(e)(e) A description of any obligation undertaken by the county, town, village, city or tribal government to enable the development to proceed. 293.41(2)(f)(f) The applicability or nonapplicability of county, town, village, city or tribal ordinances, approvals or resolutions. 293.41(2)(g)(g) A provision for the amendment of the agreement. 293.41(2)(h)(h) Other provisions deemed reasonable and necessary by the parties to the agreement. 293.41(3)(3) A county, town, village, city or tribal government may authorize the local impact committee appointed under s. 293.33 to negotiate an agreement under this section, but the agreement may not take effect until approved by the county, town, village, city or tribal government in accordance with sub. (4). 293.41(4)(4) The county, town, village, city or tribal government shall hold a public hearing on an agreement under sub. (1) before its adoption. Notice of the hearing shall be provided as a class 2 notice, under ch. 985. After the public hearing, the governing body of each county, town, village, city or tribal government which is to be a party to the agreement must approve the agreement in a public meeting of the governing body. 293.41(5)(5) A state agency shall assist a county, town, village, city or tribal government in enforcing those provisions of a local agreement that are within the expertise of the state agency. 293.41 HistoryHistory: 1987 a. 399; 1991 a. 259; 1995 a. 227 s. 763; Stats. 1995 s. 293.41. 293.41 AnnotationThis section is an express delegation to towns of the power to enter into local agreements with mining companies, creating an exemption to general zoning statutes. When a town negotiates under this section, it has only local zoning permits and approvals to give the mining company in exchange for the mining company addressing its land-use concerns. Nicolet Minerals Company v. Town of Nashville, 2002 WI App 50, 250 Wis. 2d 831, 641 N.W.2d 497, 01-1339. 293.43293.43 Hearings on permit applications. 293.43(1)(1) Applicability. This section shall govern all hearings on applications for prospecting or mining permits. 293.43(1m)(a)(a) The hearing on the prospecting or mining permit shall cover the application and any statements prepared under s. 1.11 and, to the fullest extent possible, all other applications for approvals, licenses and permits issued by the department. The department shall inform the applicant as to the timely application date for all approvals, licenses and permits issued by the department, so as to facilitate the consideration of all other matters at the hearing on the prospecting or mining permits. 293.43(1m)(b)(b) Except as provided in this section, for all department issued approvals, licenses, and permits relating to prospecting or mining, including solid waste feasibility report approvals and permits related to air and water, to be issued after April 30, 1980, the notice, hearing, and comment process and the time for issuance of decisions shall be controlled by this section and ss. 293.45 and 293.49. The substantive requirements for the issuance of any approval, permit, or license incidental to prospecting or mining are not affected by the fact that a hearing on the approval, permit, or license is conducted as part of a hearing under this section. 293.43(2m)(a)(a) The department shall make available for review in the city, village, or town in which the proposed prospecting or mining site is located, information concerning the proposed prospecting or mining site, including all of the following: 293.43(2m)(a)1.1. The application for the prospecting or mining permit, including the mining plan, reclamation plan, and mining waste site feasibility study and plan of operation. 293.43(2m)(a)2.2. All of the following relating to an approval other than the prospecting or mining permit: 293.43(2m)(a)3.3. The draft environmental impact statement, the environmental impact report, and any additional supporting information used in the department’s evaluation of the proposed prospecting or mining. 293.43(2m)(a)5.5. The department’s analyses and preliminary determinations relating to any approval. 293.43(2m)(b)(b) Within 30 days after the expiration of the applicable time period under s. 293.40 (3), the department shall distribute a notice that describes the availability of the information under par. (a); the opportunity for written public comment, including an invitation for the submission of written comments by any person within 45 days after the date of the publication of the notice; and the date, time, and location of the public informational hearing and that includes any additional information that a law concerning any approval requires to be provided. The department shall publish the notice as a class 1 notice under ch. 985 and shall publish notice on the department’s Internet site. The date on which the department first publishes the notice on its Internet site shall be considered the date of the publication of the notice required to be published under this paragraph. The department shall also send the notice to all of the following: 293.43(2m)(b)1.1. The clerk of any city, village, town, or county with zoning jurisdiction over the proposed prospecting or mining site. 293.43(2m)(b)2.2. The clerk of any city, village, town, or county within whose boundaries any portion of the proposed prospecting or mining site is located. 293.43(2m)(b)3.3. The clerk of any city, village, or town, contiguous to any city, village, or town within whose boundaries any portion of the proposed prospecting or mining site is located. 293.43(2m)(b)4.4. The main public library of each city, village, town, or county with zoning jurisdiction over the proposed mining site or within whose boundaries any portion of the proposed prospecting or mining site is located. 293.43(2m)(b)5.5. Any regional planning commission for the area within which the proposed prospecting or mining site lies. 293.43(2m)(b)6.6. Any state agency that the department knows is required to grant a permit or other authorization necessary for the construction or operation of the proposed prospecting or mining project. 293.43(2m)(b)7.7. The federal environmental protection agency, U.S. army corps of engineers, and states potentially affected by the proposed discharge if a water discharge permit under ch. 283 or a wetland permit that constitutes a water quality certification as required by 33 USC 1341 (a) is to be considered at the public informational hearing. 293.43(2m)(b)8.8. The federal environmental protection agency and appropriate agencies in other states that may be affected if an air pollution control permit under ch. 285 is to be considered at the public informational hearing. 293.43(2m)(b)9.9. If a water withdrawal permit under s. 293.65 for a withdrawal of surface water is to be considered at the public informational hearing, the persons specified in s. 30.18 (4) (a). 293.43(2m)(b)10.10. If an individual permit under s. 30.12 for a structure through which water transferred from the Great Lakes basin would be returned to the source watershed through a stream tributary to one of the Great Lakes is to be considered at the public informational hearing, the governing body of each city, village, and town through which the stream flows or that is adjacent to the stream downstream from the point at which the water would enter the stream. 293.43(2m)(b)11.11. Any person upon request. The department’s notice under this subdivision may be given through an electronic notification system established by the department. 293.43(2m)(b)13.13. Any other person to whom the department is required to give notice of any proposed determination, application, or hearing concerning an approval under the laws relating to the issuance of any approval or under s. 1.11. 293.43(2m)(c)(c) The department shall coordinate the public comment period for the prospecting or mining permit with the public comment period for any other approval for the prospecting or mining operation, except that if an application for an approval is filed too late to allow public comment within the public comment period for the prospecting or mining permit, the department shall issue separate notice, as described in par. (b), for the approval after the application is filed. 293.43(3m)(3m) Informational hearing. The department shall hold a public informational hearing before it approves or denies an application for a prospecting or mining permit and not less than 30 days after the date of the publication of the notice under sub. (2m) (b). The department shall hold the public informational hearing in the county where the majority of the proposed prospecting or mining site is located. The department shall hold a single public informational hearing covering the draft prospecting or mining permit, all other draft approvals, and the draft environmental impact statement, except that if an application for an approval is filed too late to allow the application to be considered at the public informational hearing for the prospecting or mining permit, the department shall hold a separate public informational hearing on the draft approval in the county where the majority of the proposed prospecting or mining site is located not less than 30 days after the date of the publication of a separate notice under sub. (2m) (b) for the approval. The department shall publish the separate notice for the approval on its Internet site not more than 10 days after the application is considered to be complete, which is the 30th day after the department receives the application unless, before that day, the department requests additional information, in which case the application is considered to be complete when the applicant provides the information. A public informational hearing under this subsection is not a contested case hearing under ch. 227. 293.43(4m)(4m) Summary. After considering the comments received under subs. (2m) and (3m) and before acting on the application for the mining permit, the department shall prepare a summary of the comments and the department’s response to the comments. 293.43 Cross-referenceCross-reference: See also ch. NR 182, Wis. adm. code. 293.45293.45 Prospecting; department grant or denial of permit. 293.45(1)(1) The department shall issue a prospecting permit under this section to an applicant within 60 days following the date of the completion of the hearing record if, on the basis of the application, the department’s investigation and hearing and any written comments, it finds that the site is not unsuitable for prospecting or, absent a certification under s. 293.35 (1), surface mining, the department has approved the prospecting plan and the reclamation plan complies with ss. 293.13 (2) and 293.35 (2) and (3) and rules promulgated under ss. 293.13 (2) and 293.35 (2) and (3). The department may modify any part of the application or reclamation plan and approve it as modified. Except as otherwise provided in this chapter, prospecting permits shall be valid for the life of the project, unless canceled under s. 293.83 (1) or (3) or 293.85 or revoked under s. 293.87 (2) or (3). 293.45(2)(2) The department shall deny a prospecting permit within 60 days following the date of the completion of the hearing record if it finds that the site is unsuitable for prospecting or, absent certification under s. 293.35 (1), surface mining, or the reclamation plan, including the bond, does not comply with ss. 293.13 (2) and 293.35 (2) and (3) and rules promulgated under ss. 293.13 (2) and 293.35 (2) and (3) or that the applicant is in violation of this chapter or any rules adopted under this chapter. If the applicant has previously failed and continues to fail to comply with this chapter, or if the applicant has within the previous 20 years forfeited any bond posted in accordance with prospecting or mining activities in this state, unless by mutual agreement with the state, the department may not issue a prospecting permit. The department may not issue a prospecting permit if it finds that any officer, director or manager of the applicant has, while employed by the applicant, the applicant’s parent corporation, any of the applicant’s principal shareholders or members, or any of the applicant’s subsidiaries or affiliates, in which the applicant owns more than a 40 percent interest, within the previous 20 years forfeited any bond posted in accordance with prospecting or mining activities in this state unless by mutual agreement with the state. In this subsection, “forfeited any bond” means the forfeiture of any performance security occasioned by noncompliance with any prospecting or mining laws or implementing rules. If an application for a prospecting permit is denied, the department, within 30 days from the date of application denial, shall furnish to the applicant in writing the reasons for the denial. 293.45(3)(3) The department, in granting a permit under this section, shall require the permit holder to perform adequate monitoring of 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 any bonds required. 293.45 Cross-referenceCross-reference: See also ch. NR 182, Wis. adm. code. 293.47293.47 Prospecting data. 293.47(1)(a)(a) “Economic information” means financial and economic projections for any potential mining of an ore body including estimates of capital costs, predicted expenses, price forecasts and metallurgical recovery estimates. 293.47(1)(b)(b) “Geologic information” means information concerning descriptions of a nonferrous ore body, descriptions of reserves, tonnages and grades of nonferrous ore, descriptions of a drill core or bulk sample including analysis, descriptions of drill hole depths, distances and similar information related to the nonferrous ore body. 293.47(1)(c)(c) “Prospecting data” means data, records and other information furnished to or obtained by the department in connection with the application for a prospecting permit. 293.47(2)(2) Prospecting data in general. Except as provided under sub. (3), prospecting data are public records subject to subch. II of ch. 19. 293.47(3)(a)(a) Request for confidential status. An applicant for a prospecting permit may request confidential status for any prospecting data. 293.47(3)(b)(b) Confidential status. The department shall grant confidential status to prospecting data if the applicant makes a request and if the prospecting data relates to economic information or geologic information or is entitled to confidential status under rules promulgated by the department. 293.49293.49 Mining; department grant or denial of permit. 293.49(1)(a)(a) Except as provided in sub. (2) and except with respect to property specified in s. 41.41 (11), within 90 days of the completion of the public hearing record, the department shall issue the mining permit if it finds: 293.49(1)(a)1.1. The mining plan and reclamation plan are reasonably certain to result in reclamation of the mining site consistent with this chapter and any rules adopted under this chapter and the department has approved the mining plan. 293.49(1)(a)2.2. The proposed operation will comply with all applicable air, groundwater, surface water and solid and hazardous waste management laws and rules of the department. 293.49(1)(a)2m.2m. The technology that will be used at the proposed operation 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. 293.49(1)(a)3.3. In the case of a surface mine, the site is not unsuitable for mining. The preliminary determination that a site was not unsuitable for mining under s. 293.45 may not be conclusive in the determination of the site’s suitability for mining under this section. However, at the hearing held under this section and s. 293.43, testimony and evidence submitted at the prospecting permit proceeding relevant to the issue of suitability of the proposed mining site for surface mining may be adopted, subject to the opportunity for cross-examination and rebuttal, if not unduly repetitious. 293.49(1)(a)4.4. The proposed mine will not endanger public health, safety or welfare. 293.49(1)(a)5.5. The proposed mine will result in a net positive economic impact in the area reasonably expected to be most impacted by the activity. 293.49(1)(a)6.6. The proposed mining operation conforms with all applicable zoning ordinances. 293.49(1)(b)(b) Each approval or denial shall be made in findings of fact, conclusions of law and an order setting forth reasons with clarity and in detail. The department may modify the operator’s proposed mining or reclamation plans in order to meet the requirements of this chapter, and, as modified, grant its approval. 293.49(2)(2) Within 90 days of the completion of the public hearing record, the department shall deny the mining permit if it finds any of the following: 293.49(2)(a)(a) That the site is unsuitable for surface mining, if the application is for a proposed surface mine.
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