Chapter NR 130

NR 130.109(5) (5) A notice of intent to drill shall remain in effect for one year, commencing on the date the department approves the notice. At the time of exploration license renewal under s. NR 130.106, if the explorer plans to continue exploration on the designated parcels and wishes to extend the notice of intent to drill, the explorer shall notify the department that the explorer wishes to continue exploration on those parcels and shall note if any changes are being proposed. Any changes to the notice of intent to drill shall be approved or denied by the department in writing.

NR 130.109(6) (6) The explorer shall notify the department prior to the commencement of drilling any exploration drillhole and shall specify the parcel on which the drillhole will be located and the specific anticipated date on which drilling will begin. This notice may be oral or written and shall be provided at least 48 hours before commencing drilling on any exploration drillhole.

NR 130.109(7) (7) The explorer shall give the department at least 24 hours’ notice, orally or in writing, of the explorer’s intent to permanently abandon a drillhole. The 24-hour requirement may be reduced by the department, if appropriate due to case-specific circumstances.

NR 130.109 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) (i), (7) made under s. 35.17, Stats.,and correction in (2) (a), (3), (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2021 No. 792.

NR 130.110 NR 130.110 Management of drilling mud and cuttings.

NR 130.110(1) (1) Mud pits. Explorers who choose to construct excavated pits for the storage and disposal of drilling mud and cuttings from drillholes shall construct the pits in accordance with all of the following:

NR 130.110(1)(a) (a) The base of the pit shall not be at or below the groundwater table at the time of the drilling activity and shall be constructed such that the base will remain above the normal local groundwater elevation. The pit shall be constructed of sufficient volume to contain all anticipated fluid, drilling mud, cuttings, drilling additives and other materials expected to be placed in the pit and shall not be located in areas that receive excessive amounts of runoff or are susceptible to erosion.

NR 130.110(1)(b) (b) If the drillhole is expected to encounter metallic-sulfide bearing rock, the walls and base of the pit shall be lined with a minimum of one inch of bentonite or bentonite grout, a 20-mil or greater polyvinyl chloride or polyethylene geomembrane, or an equivalent liner material approved by the department in writing.

NR 130.110(2) (2) Disposal of drilling mud and cuttings.

NR 130.110(2)(a) (a) Drilling mud and cuttings from drillholes that penetrate 50 feet or more of metallic sulfide-bearing rock shall be disposed of in accordance with one of the following:

NR 130.110(2)(a)1. 1. Disposed at a lined, engineered solid waste facility licensed under ch. 289, Stats. Prior to disposal of the drilling mud and cuttings, any free water from the mud pit or other containment feature shall be removed and reused or properly disposed of in accordance with state and federal law. The mud and cuttings shall be mixed with either concrete, cement or lime in sufficient quantities to neutralize any acidity generated by the oxidation of the metallic sulfide minerals either at the drilling site or at the solid waste facility prior to disposal. If the cuttings were contained in a mud pit lined with plastic liner material, the liner shall be removed and disposed of at a lined, engineered solid waste facility licensed under ch. 289, Stats., and the pit shall be backfilled with native soils.

NR 130.110(2)(a)2. 2. Disposed on site within the mud pit. Prior to in-place disposal of the drilling mud and cuttings, any free water from the mud pit shall be removed and reused or properly disposed of in accordance with state and federal law. The drilling mud and cuttings shall be mixed with a sufficient amount of cement to solidify the mud and cuttings and the pit shall be backfilled with native soils. If the mud pit is lined with plastic liner material, the liner shall either be removed prior to addition of cement to the drilling mud and cuttings, or the sides of the liner shall be folded over the top of the drilling mud and cuttings prior to backfilling the pit.

NR 130.110(2)(b) (b) Drilling mud and cuttings from drillholes that penetrate 50 feet or less of metallic sulfide-bearing rock may be disposed on site within the mud pit. Prior to in-place disposal of the drilling mud and cuttings, any free water from the mud pit shall be removed and reused or properly disposed of in accordance with state and federal law. The drilling mud and cuttings shall be mixed with bentonite, cement, or other clean fill and the pit shall be backfilled with native soils. If the mud pit is lined with plastic liner material, the liner shall either be removed prior to addition of cement, bentonite or other material to the drilling mud and cuttings, or the sides of the liner shall be folded over the top of the drilling mud and cuttings prior to backfilling the pit.

NR 130.110 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (2) (a) 1. made under s. 35.17, Stats., Register December 2021 No. 792.

NR 130.111 NR 130.111 Exploration drillhole abandonment, fee and reporting.

NR 130.111(1) (1) Upon completion of drilling, the explorer shall abandon each of its nonferrous metallic mineral exploration drillholes in accordance with whichever of the following applies:

NR 130.111(1)(a) (a) If the explorer intends to retain a drillhole for further exploration, monitoring or testing, the casing shall be left in place, and the upper end of the casing shall be sealed with a watertight and locking threaded or welded cap. Drillholes may remain temporarily abandoned for no longer than 5 years unless one of the following applies:

NR 130.111(1)(a)1. 1. The drillhole is part of a proposed mining project for which a notification has been filed under s. 293.31, Stats.

NR 130.111(1)(a)2. 2. The department grants an extension, for no more than one additional 5-year period, based on a request by the explorer that documents the need to retain the drillhole for purposes of additional exploration activities or other evaluation purposes within the period of the extension.

NR 130.111(1)(b) (b)

NR 130.111(1)(b)1. 1. All drillholes 4 inches in diameter and smaller shall be filled from the bottom of the hole upward to the ground surface with concrete or neat cement grout.

NR 130.111(1)(b)2. 2. Drillholes larger than 4 inches in diameter shall be filled in a manner as required in subd. 1. The department may approve alternate methods of permanently abandoning drillholes larger than 4 inches in diameter provided the methods are consistent with the procedures and materials specified in s. NR 812.26 (6) (b) and (e).

NR 130.111(1)(b)3. 3. When permanently abandoning an exploration drillhole all of the following restrictions apply:

NR 130.111(1)(b)3.a. a. Filling material required under subd. 2. shall be applied through a conductor pipe, except that when practical a dump bailer may be used. When concrete is placed under water by a conductor pipe, the bottom end of the conductor pipe shall be submerged in the concrete at all times.

NR 130.111(1)(b)3.b. b. When removing all or part of the casing from an unconsolidated formation that will not stand open, such as sand or gravel, during permanent abandonment of a drillhole, the casing must be removed concurrently with the filling of the drillhole, and the bottom end of the casing shall be kept below the surface of the fill material throughout the filling process.

NR 130.111(1)(b)4. 4. If a drillhole penetrates an aquifer under artesian pressure such that groundwater flows at the ground surface, approval of the method of containment of such flow and the method of eventual abandonment of the drillhole must be obtained from the department prior to abandonment.

NR 130.111(2) (2) Within 30 days after completion of temporary or permanent abandonment of a drillhole the explorer shall submit an exploration abandonment report for each drillhole to the department on forms specified by the department. The abandonment report shall describe the abandonment procedures and shall provide precise locational information for the drillhole and associated drilling mud pit. All abandonment reports shall be signed by an authorized representative of the explorer attesting to the accuracy of the information provided in the report.

NR 130.111(3) (3) The fee for drilling the first 20 or fewer drillholes in any license year shall be $200.00 per drillhole and the fee for drilling each subsequent drillhole in that same license year shall be $100.00 per drillhole. All fees shall be paid to the department upon submission of the temporary abandonment report, if temporary abandonment under sub. (1) (a) occurs, or the permanent abandonment report, if temporary abandonment does not occur. For the purpose of determining the appropriate fee, drillholes will be assigned to the license year in which drilling on that particular hole ceases and the drillhole is initially abandoned.

NR 130.111(4) (4) All abandonment reports and drilling fees shall be submitted to the department’s Metallic Mining Coordinator unless the department specifies another recipient.

NR 130.111 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) (b) 2. made under s. 13.92 (4) (b) 7., Register December 2021 No. 792.

NR 130.112 NR 130.112 Exploration drilling site completion of termination.

NR 130.112(1) (1) Following permanent abandonment of the drillhole under s. NR 130.111 (1) (b) and revegetation and regrading of the drilling site, the explorer shall notify the department of completion of termination of each drilling site. As part of the notification, the explorer shall describe the method of drill cuttings disposal and reclamation of the drilling mud pit. This notification shall be made in writing and sent to the department’s metallic mining coordinator unless the department specifies another recipient.

NR 130.112(2) (2) The department shall notify the explorer in writing of the satisfactory or unsatisfactory completion of termination. If termination is unsatisfactory, the department shall inform the explorer of all necessary corrective measures. Following implementation of corrective measures, the explorer shall file written notice with the department’s metallic mining coordinator, unless the department specifies another recipient, specifying what measures were taken and stating that termination is complete. Failure of the explorer to comply with the department’s corrective measures may result in license revocation or suspension in accordance with s. NR 130.114 or other enforcement actions as provided in s. 293.87 (4), Stats. Upon satisfactory completion of termination of a drilling site, the department shall issue a certificate of completion. The department may not issue a certificate of completion for any drilling site that includes a temporarily abandoned drillhole.

NR 130.112 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 130.113 NR 130.113 Inspections.

NR 130.113(1) (1) Any authorized officer, employee, or representative of the department may enter and inspect any property, premises, or place on or at which any exploration is proposed, is being conducted or has been completed at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and ch. 293, Stats.

NR 130.113(2) (2) No explorer may refuse entry or access to any authorized representative of the department who requests entry for purposes of inspection and who presents appropriate credentials.

NR 130.113(3) (3) No person may obstruct, hamper, or interfere with any inspection under sub. (1).

NR 130.113 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 130.114 NR 130.114 License revocation or suspension.

NR 130.114(1) (1) If the department has reason to believe that a licensee has violated any statute or rule pertaining to the exploration activity authorized under an exploration license or has violated a term or condition of the license issued under this subchapter or has failed to increase bond amounts to adequate levels as specified by the department, the department may, after holding a hearing, suspend or revoke the exploration license.

NR 130.114(2) (2) Prior to revocation or suspension of a license, the department shall do all of the following:

NR 130.114(2)(a) (a) Give written notice, by mail, to the licensee of the facts or conduct which warrant the intended action and provide the licensee with an opportunity to show compliance with all requirements for retention of the license.

NR 130.114(2)(b) (b) Conduct a hearing within 30 days of the written notice provided under par. (a), unless, prior to the hearing date the licensee provides sufficient evidence of compliance with all requirements for retention of the license.

NR 130.114(2)(c) (c) Following the hearing, if the department determines a licensee has violated any statute or rule pertaining to the exploration activity authorized under an exploration license or has violated a term or condition of the license issued under this subchapter or has failed to increase bond amounts, the department may suspend or revoke the license.

NR 130.114(3) (3) A decision by the department to suspend or revoke a license is subject to judicial review under ss. 227.52 and 227.53, Stats.

NR 130.114(4) (4) In addition to the actions under subs. (1) and (2), the department may take additional enforcement actions as specified under s. 293.87, Stats., if the explorer does not conduct exploration in compliance with this chapter and ch. 293, Stats.

NR 130.114 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

subch. II of ch. NR 130 Subchapter II — Nonferrous Metallic Mineral Bulk Sampling

NR 130.201 NR 130.201 Purpose. The purpose of this subchapter is to establish licensing and bulk sampling plan submittal and approval procedures and implement minimum standards applicable to nonferrous metallic mineral bulk sampling.

NR 130.201 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 130.202 NR 130.202 Applicability. This subchapter is applicable to all activities that constitute bulk sampling, as defined in s. NR 130.203 (1), related to nonferrous metallic mineral deposits. This subchapter does not apply to activities that involve removal of more than 10,000 tons of material from any potential mining site, as such activity shall be subject to regulation under ch. NR 131.

NR 130.202 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction made under s. 35.17, Stats., Register December 2021 No. 792.

NR 130.203 NR 130.203 Definitions. In this subchapter:

NR 130.203(1) (1) “Bulk sampling” means excavating in a potential mining site by removing less than 10,000 tons of material, including overburden and any other material removed from any portion of the excavation site, for the purposes of obtaining site-specific data to assess the quality and quantity of the nonferrous metallic mineral deposits and of collecting data from and analyzing the excavated materials in order to prepare the application for a mining permit or for any other approval. Removal of rock samples from the ground surface or outcrops using manual methods, and removal of material during nonferrous mineral exploration, soil testing, stream sediment sampling, groundwater monitoring well installation or construction of geophysical boreholes do not constitute bulk sampling. Bulk sampling does not constitute prospecting within the meaning of s. 293.01 (18), Stats.

NR 130.203(2) (2) “Bulk sampling site” means all areas to be disturbed as part of bulk sampling as described in the bulk sampling plan, including excavation sites, access roads, and areas used for material stockpiling and general staging activities.

NR 130.203(3) (3) “Department” means the department of natural resources.

NR 130.203(4) (4) “Excavation site” means discrete non-contiguous areas on a potential mining site where excavation and removal of material, including soil, overburden and bedrock, takes place as part of a bulk sampling plan.

NR 130.203(5) (5) “Licensee” means a person that has been issued a bulk sampling license authorizing that person to conduct bulk sampling in accordance with this subchapter.

NR 130.203(6) (6) “Overburden” means any unconsolidated geologic material, such as till, sand and gravel and weathered bedrock that may be removed during bulk sampling.

NR 130.203(7) (7) “Person” means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.

NR 130.203(7m) (7m) “Potential mining site” means a discrete area that, based on results of exploration or other geologic evaluation, may contain valuable nonferrous metallic mineral resources and includes all areas reasonably needed for future development of the mineral resource. A single potential mining site may include multiple bulk sampling sites.

NR 130.203(8) (8) “Removed,” “removal,” or “removing” means excavating or moving any soil, overburden, or bedrock from an excavation site as part of a bulk sampling activity and includes material transported off the bulk sampling site and material that is relocated within the bulk sampling site.

NR 130.203 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in numbering of (7m) made under s. 13.92 (4) (b) 7., Stats., Register December 2021 No. 792.

NR 130.204 NR 130.204 Bulk sampling license application.

NR 130.204(1) (1) No person may engage in bulk sampling without obtaining a bulk sampling license from the department.

NR 130.204(2) (2) Any person intending to engage in bulk sampling shall file an application for a bulk sampling license with the department. A bulk sampling license application shall include all of the following:

NR 130.204(2)(a) (a) A bulk sampling plan that includes all of the following:

NR 130.204(2)(a)1. 1. A description of the potential mining site to be evaluated through the proposed bulk sampling activities, including a map showing the extent of the potential mining site, extent of the bulk sampling site, the location and extent of each excavation site proposed in the bulk sampling plan and the means of access to the sites.

NR 130.204(2)(a)2. 2. A description of the bulk sampling site, including the number of acres of land consisting of excavation sites, the total number of acres of land that will be disturbed as part of the bulk sampling activity, a detailed map of each excavation site and a description of the bulk sampling activity including the types of sampling or studies to be conducted as part of the bulk sampling.

NR 130.204(2)(a)3. 3. A description of the methods to be used for the bulk sampling, demonstrating that the bulk sampling will comply with the minimum standards specified in s. 293.13 (2) (b) and (c), Stats.

NR 130.204(2)(a)4. 4. A site-specific plan for controlling surface erosion that conforms to requirements under ss. 281.33 (3) and 283.33, Stats., and that identifies how impacts to plant and wildlife habitats will be avoided or minimized to the extent practicable.

NR 130.204(2)(a)5. 5. A revegetation plan for all areas which will be disturbed during the bulk sampling that describes how the bulk sampling site will be revegetated and stabilized, how potential introduction and control of invasive species will be addressed, and how adverse impacts to the environment, including impacts to plant and wildlife habitat, will be avoided or minimized to the extent practicable.

NR 130.204(2)(a)6. 6. An itemized cost estimate of the costs to stabilize and revegetate the area disturbed during the bulk sampling activity.

NR 130.204(2)(a)7. 7. The estimated time for completing the bulk sampling and final stabilization and revegetation of the bulk sampling locations.

NR 130.204(2)(a)8. 8. A description of any known adverse environmental impacts that are likely to be caused by the bulk sampling and how those impacts will be avoided or minimized to the extent practicable and an analysis showing that the proposed bulk sampling activity is proposed to be conducted at locations and using methods that result in the least overall adverse environmental impacts.

NR 130.204(2)(a)9. 9. A description of any adverse effects, as defined in s. 44.31 (1), Stats., that the bulk sampling might have on any historic property, as defined in s. 44.31 (3), Stats., that is a listed property, as defined in s. 44.31 (4), Stats., that is on the Wisconsin inventory of historic places, as defined in s. 44.31 (12), Stats., or that is on the list of locally designated historic places under s. 44.45, Stats., or any scenic or recreational areas and plans to avoid or minimize those adverse effects to the extent practicable.

NR 130.204(2)(b) (b) A bond in the amount of $5,000 or the amount equal to the bulk sampling site stabilization and revegetation costs estimated under par. (a) 6., whichever is greater. The bond shall be issued by a surety company licensed to do business in this state and shall be conditioned on faithful performance of the requirements of this subchapter. The bond shall provide that the bond may not be canceled by the surety except after not less than 90 days’ notice to the department in writing by registered or certified mail. The bond under this paragraph is subject to all of the following conditions:

NR 130.204(2)(b)1. 1. If the surety for a bond submitted under this paragraph issues a cancellation notice, the person who filed the bulk sampling plan shall deliver a replacement bond at least 30 days before the expiration of the 90-day notice period. If the person fails to submit a replacement bond, the person may not engage in bulk sampling until the person submits a replacement bond. The original bond shall remain in effect until a satisfactory replacement bond is submitted to the department.

NR 130.204(2)(b)2. 2. If the license of the surety company for a bond submitted under this paragraph is revoked or suspended, the person who filed the bulk sampling plan, within 30 days after receiving written notice from the department, shall deliver a replacement bond. If the person fails to submit a replacement bond, the person may not engage in bulk sampling until the person submits a satisfactory replacement bond. Revocation or suspension of a surety’s license does not relieve the bulk sampling licensee from any financial obligation to stabilize and revegetate the bulk sampling site in accordance with the approved bulk sampling plan.

NR 130.204(2)(b)3. 3. The department may require that the amount of the bond submitted under this paragraph be increased at any time if the department determines that it is unlikely that the bond would be adequate to fund the cost to this state of completing the revegetation plan.

NR 130.204(3) (3) Within 5 business days after receipt of a bulk sampling license application under sub. (2) the department shall publish a public notice on the department’s internet site describing the proposed bulk sampling activity and the availability of the bulk sampling license application. The department shall also send the public notice to the following:

NR 130.204(3)(a) (a) The clerk of any city, village, town, or county within whose boundaries any portion of the proposed bulk sampling activity is located.

NR 130.204(3)(b) (b) The clerk of any city, village, or town, contiguous to any city, village, or town within whose boundaries any portion of the proposed bulk sampling site is located.

NR 130.204(3)(c) (c) The historic preservation officer of any federally recognized Indian tribes in the state.

NR 130.204(4) (4) Within 21 days of receipt of a bulk sampling plan and license application, the department shall notify the applicant, in writing, whether the license application and bulk sampling plan are complete and, if they are not complete, the department shall identify any additional information that must be submitted.

NR 130.204(5) (5) 

NR 130.204(5)(a) (a) Within 14 days of receipt of a complete bulk sampling license application and bulk sampling plan under sub. (2), the department shall identify for the applicant, in writing, all approvals, in addition to the bulk sampling license, that are required before the bulk sampling may be implemented, including all of the following:

NR 130.204(5)(a)1. 1. Any waivers, exemptions, or exceptions to those approvals that are potentially available.