Chapter NR 131

NR 131.105(3) (3) Upon receipt of the preapplication notification under sub. (1), the department shall give public notice of the department’s receipt of the preapplication notification in the same manner as provided under s. 293.43 (2m) (b), Stats., and to the government of any American Indian tribe or band whose reservation boundaries are within 60 miles of any portion of the proposed project, and to the government of those American Indian tribes or bands with federally recognized treaty rights in the area of the project. The department shall make the preapplication notification available for review in the county, city, village, or town in which the prospecting site is located. The notice under this subsection shall invite interested persons to submit comments regarding information those interested persons believe should be requested from the person submitting a preapplication notification under sub. (1) and information that the interested persons believe the department should seek through independent studies. The department shall hold a public informational hearing to receive comments from interested persons and the hearing shall be completed within 45 days after public notice required under this subsection is given.

NR 131.105(4) (4) The department shall receive and consider any comments from interested persons received within 45 days after public notice is given under sub. (3) as to information that the interested persons believe should be requested from the person submitting a preapplication notification under sub. (1) and the information that the interested persons believe the department should seek through independent studies.

NR 131.105(5) (5) No later than 90 days after the period for receiving and considering comments from interested persons under sub. (4), the department shall inform the person giving notice under sub. (1) of the type and quantity of information that the department believes to be needed to support an application for a prospecting permit and the methodology to be used in gathering information and shall identify preliminary verification procedures to be conducted by the department under sub. (9). The department shall specifically inform the person submitting a preapplication notification under sub. (1) of the type and quantity of information on the characteristics of groundwater resources in the area in which prospecting is anticipated to occur that the department believes is needed to support an application, including the information that the department believes should be included in the applicant’s environmental impact report and the information that the department will need to prepare an environmental impact statement. The department shall also inform the person submitting a preapplication notification under sub. (1) of the application timelines and other filing requirements for all other approvals, licenses, and permits relating to the proposed prospecting project.

NR 131.105(6) (6) No later than 45 days after receiving the information from the department in sub. (5), the person submitting a preapplication notification under sub. (1) shall submit to the department a final scope of study incorporating information provided by the department in sub. (5).

NR 131.105(7) (7) All environmental baseline data gathered by a person submitting a preapplication notification under sub. (1) shall be submitted to the department as soon as it is in final form as described in the scope of study. The department may require the person to submit any raw field data collected either by the applicant or by a consultant.

NR 131.105(8) (8) The department may at any time after consultation with the person submitting a preapplication notification under sub. (1) revise or modify its requirements regarding information that must be gathered and submitted as part of the information needed for preparation of the prospecting permit application, environmental impact report, mining waste site feasibility report, plan of operation, or other applications for permits, licenses, and approvals issued by the department.

NR 131.105(9) (9) The department may conduct studies necessary to verify information that may be submitted in support of the environmental impact report, if required, prospecting permit application, or applications for other permits and approvals issued by the department. The department shall develop studies and quality assurance and verification programs in a manner consistent with future monitoring requirements.

NR 131.105 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) (d) 6. c., (2) (intro.) made under s. 35.17, Stats., and correction in numbering in (2) (a) to (c) made under s. 13.92 (4) (b) 1., Stats., Register December 2021 No. 792.

NR 131.106 NR 131.106 Prospecting project review fee.

NR 131.106(1) (1) When a person gives notice under s. NR 131.105 (1) of the person’s intention to apply for a prospecting permit, the person shall pay the department a fee of $25,000 to reimburse the department for costs incurred by the department in connection with review of the proposed prospecting project during the year following receipt of the notice, other than any costs related to the environmental impact statement for the proposed prospecting.

NR 131.106(2) (2) The department shall annually compare the fees paid under this section and under chs. 30, 280 to 292, and 295 to 299, Stats., in connection with proposed prospecting for which notice was given under s. NR 131.105 (1) with the costs incurred by the department in connection with the proposed prospecting project, including the costs incurred under chs. 30, 280 to 292, and 295 to 299, Stats., but excluding costs related to the environmental impact statement. If the costs incurred exceed the fees paid, the person who provided notice under s. NR 131.105 (1) shall pay a fee equal to the amount by which the costs exceed the fees previously paid.

NR 131.106(3) (3) When the department issues or denies a prospecting permit or when a person who gave notice under s. NR 131.105 (1) ceases to seek approval of the proposed prospecting project, the department shall compare the fees paid under this section and under chs. 30, 280 to 292 and 299, Stats., in connection with the proposed prospecting project with the costs incurred by the department in connection with the proposed prospecting project, including the costs incurred under chs. 30, 280 to 292, and 299, Stats., but excluding costs related to the environmental impact statement. If the costs incurred are less than the fees paid, the department shall pay the person who gave notice under s. NR 131.105 (1) the amount by which the fees exceed the costs. If the costs incurred exceed the fees paid, the person who gave notice under s. NR 131.105 (1) shall pay a final fee equal to the amount by which the costs exceed the fees previously paid.

NR 131.106 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2021 No. 792.

NR 131.107 NR 131.107 Application to prospect.

NR 131.107(1) (1) No person may engage in prospecting or reclamation at any prospecting site without securing a prospecting permit issued under s. 293.45, Stats., and this chapter.

NR 131.107(2) (2) 

NR 131.107(2)(a) (a) An applicant for a prospecting permit shall submit an application and additional documents specified under sub. (4) to the department in writing and in reproducible form and shall provide the department with paper copies of the application in a quantity specified by the department. The applicant shall also submit a complete copy of the application in an electronic format prescribed by the department.

NR 131.107(2)(b) (b) Upon receipt of the application under sub. (2), the department shall give public notice of the department’s receipt of the application and the availability, for review, of the prospecting permit application and other documents specified under sub. (4), in the same manner as provided under s. 293.43 (2m) (b), Stats., and to the government of any American Indian tribe or band whose reservation boundaries are within 60 miles of any portion of the proposed project, and to the government of those American Indian tribes or bands with federally recognized treaty rights in the area of the project.

NR 131.107(3) (3) The application for a prospecting permit shall include all of the following:

NR 131.107(3)(a) (a) A prospecting plan in accordance with s. NR 131.108.

NR 131.107(3)(b) (b) A reclamation plan in accordance with s. NR 131.109 that includes an itemized statement showing the estimated costs that will be incurred by the state if it is necessary for the state to implement and fulfill the reclamation plan.

NR 131.107(3)(c) (c) A proposed monitoring and quality assurance plan consistent with the requirements of this chapter, ch. NR 182, and s. 1.11, Stats. The monitoring plan shall provide for adequate monitoring of project-related 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 the financial securities required under s. 293.51 (1), Stats. The monitoring plan shall include monitoring locations on the prospecting site and locations both upgradient and downgradient of the prospecting site. The plan shall summarize all project-related environmental monitoring programs and may cross reference monitoring provisions required under other permits, approvals, or licenses issued by the department.

NR 131.107(3)(d) (d) A list of names and addresses of each owner of land within the prospecting site and each person known by the applicant to hold any option or lease on land within the prospecting site and all prospecting and mining permits in this state held by the applicant.

NR 131.107(3)(e) (e) Evidence satisfactory to the department that the applicant has applied for necessary approvals and permits under all applicable zoning ordinances.

NR 131.107(3)(f) (f) Information specified in s. 293.35 (1), Stats., related to forfeiture of mining reclamation bonds, by the applicant or related persons within the preceding 20 years.

NR 131.107(3)(g) (g) Information relating to whether unsuitability may exist for prospecting and surface mining to the extent not fully considered under s. 293.45, Stats.

NR 131.107(3)(h) (h) A description of the land contiguous to the proposed prospecting site that the applicant owns, leases, or has an option to purchase or lease.

NR 131.107(3)(i) (i) A summary of project-related impacts to wetlands and steps to minimize impacts to wetlands in accordance with s. 281.36, Stats.

NR 131.107(3)(j) (j) A summary of project-related impacts to water supply wells and surface water bodies as result of groundwater pumping or prospecting site dewatering, if applicable, and steps to mitigate the impacts as provided under s. 293.65 (3) (b), Stats.

NR 131.107(3)(k) (k) A summary of environmental management and pollution control technologies that will be implemented at the proposed prospecting site.

NR 131.107(3)(L) (L) If the prospecting project does not include a mining waste facility, a contingency plan consistent with the provisions of s. NR 182.109 (2) (d), as appropriate for the proposed prospecting operation.

NR 131.107(3)(m) (m) A description of any requested exemptions or variances to provisions of ch. 293, Stats., or this chapter, in accordance with s. NR 131.112.

NR 131.107(3)(n) (n) Other relevant information or documentation that the department may require.

NR 131.107(4) (4) At the time an applicant submits a prospecting permit application, the applicant shall also submit an environmental impact report, if required by the department, consistent with the requirements of ch. NR 150, and applications and supporting documentation for other approvals, licenses, and permits relating to the proposed prospecting project and identified by the department in the response provided under s. NR 131.105 (5). These documents shall be provided in the format and quantities prescribed by the department.

NR 131.107(5) (5) The hearing procedure outlined in s. 293.43, Stats., shall govern all hearings on the prospecting permit application, any statements prepared under s. 1.11, Stats., and, to the fullest extent possible, all other applications for approvals, licenses, and permits relating to the proposed prospecting project issued by the department.

NR 131.107 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) made under s. 35.17, Stats., Register December 2021 No. 792.

NR 131.108 NR 131.108 Prospecting plan. The prospecting plan shall include all of the following:

NR 131.108(1) (1) A detailed map of the proposed prospecting site.

NR 131.108(2) (2) Details of the nature, extent, and final configuration of the proposed excavation and prospecting site including location and total production of mining waste, refuse and the nature and depth of overburden.

NR 131.108(3) (3) Details of the proposed operating procedures, including all of the following:

NR 131.108(3)(a) (a) Prospecting operation sequence including site preparation and construction.

NR 131.108(3)(b) (b) Handling of topsoil, overburden, and waste rock materials.

NR 131.108(3)(c) (c) Storage, loading, and transportation of material to be transported off of the prospecting site for further analyses.

NR 131.108(3)(d) (d) Groundwater and surface water management techniques including provisions for erosion prevention and control, drainage control and a detailed water management plan showing sources, flow paths and flow rates, storage volumes, and release points. The water management plan shall include a detailed water budget that includes groundwater and surface water and plans for collection, treatment, and discharge of water resulting from the operation.

NR 131.108(3)(e) (e) Plans for adequate covering or isolation of all pollutant-bearing minerals or materials handled on the site.

NR 131.108(3)(f) (f) Plans for the collection, disposal, and recycling of refuse and solid waste materials generated during the life of the project but not regulated as mining waste under ch. NR 182.

NR 131.108(3)(g) (g) Plans for air quality protection as required under ch. 285, Stats.

NR 131.108(3)(h) (h) A risk assessment of possible accidental health and environmental hazards potentially associated with the prospecting operation. Contingency measures with respect to these risks and hazards, and the assumptions in this assessment, shall be explicitly stated.

NR 131.108(3)(i) (i) Measures for notifying the public and responsible governmental agencies of potentially hazardous conditions including the movement or accumulation of contaminants in groundwater and surface water, soils, and vegetation and other consequences of the operation of importance to public health, safety and welfare.

NR 131.108(3)(j) (j) Description of all surface facilities associated with the prospecting site.

NR 131.108(3)(k) (k) Description of anticipated geological and geotechnical investigations and drilling programs to be conducted on the prospecting site.

NR 131.108(4) (4) Evidence satisfactory to the department that the proposed prospecting operation will be consistent with the reclamation plan and will comply with all of the following minimum standards:

NR 131.108(4)(a) (a) Grading and stabilization of excavations, sides, and benches to conform with state and federal environmental and safety requirements and to prevent environmental pollution and prevent and control erosion.

NR 131.108(4)(b) (b) Grading and stabilization of deposits of prospecting refuse in conformance with applicable state and federal environmental and safety requirements and applicable solid waste laws and regulations.

NR 131.108(4)(c) (c) Adequate diversion and drainage of water from the prospecting site to prevent contamination of surface water and groundwater and prevent and control erosion.

NR 131.108(4)(d) (d) Notwithstanding the provisions of ch. NR 812, excavations shall be backfilled when the backfilling procedure will not interfere with the prospecting operation and will not do any of the following:

NR 131.108(4)(d)1. 1. Cause an exceedance of any groundwater quality standards implemented under this chapter and ch. NR 182.

NR 131.108(4)(d)2. 2. Adversely affect public health or welfare.

NR 131.108(4)(e) (e) Handling and storage, including covering as needed, of all materials on the prospecting site in an environmentally sound manner as determined by the department. Materials not licensed as mining waste under ch. NR 182, but deemed by the department to present a potential threat to the environment, shall be appropriately characterized in a manner consistent with procedures specified in s. NR 182.108.

NR 131.108(4)(f) (f) Removal and stockpiling, or other measures to protect topsoil or other soil materials from erosion and leaching, consistent with environmental considerations and reclamation, during prospecting site preparation and active prospecting unless the department determines that such action will be environmentally undesirable.

NR 131.108(4)(g) (g) Maintenance of adequate vegetative cover where feasible to prevent and control erosion.

NR 131.108(4)(h) (h) Impoundment of water where necessary in a safe and environmentally acceptable manner.

NR 131.108(4)(i) (i) Adequate planning of the site to achieve the aesthetic standards for the entire prospecting site described in ss. NR 131.110 (1) (e) and 131.111 (1).

NR 131.108(4)(j) (j) Identification and prevention of pollution, as defined in s. 281.01 (10), Stats., resulting from leaching of waste materials or other stockpiled materials, in accordance with state and federal solid waste laws and regulations.

NR 131.108(4)(k) (k) Identification and prevention of significant environmental pollution.

NR 131.108(4)(L) (L) Maintenance of appropriate emergency procedures to minimize damage to public health, safety, and welfare and the environment from events described under sub. (3) (k).

NR 131.108(5) (5) Submission of a plan for a pre-blasting survey, if applicable, to document the condition of permanent structures and buildings within the area potentially affected by blasting at the prospecting site as determined under s. SPS 307.41 (2), with such survey being completed and submitted to the department prior to any blasting.

NR 131.108 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (3) (h) made under s. 35.17, Stats., Register December 2021 No. 792.

NR 131.109 NR 131.109 Reclamation plan. The operator shall reclaim prospecting sites in accordance with a reclamation plan approved by the department. If a prospecting site is part of a prospective mining site to be regulated under ch. NR 132, the reclamation plan shall include provisions for interim and permanent reclamation of the prospecting site. Prospecting sites shall be permanently reclaimed within 4 years after completion of prospecting unless the prospecting site is part of a site included under a pre-application notification submitted under s. NR 132.105 or a mining permit application submitted under s. NR 132.107. The reclamation plan for the prospecting site shall include all of the following:

NR 131.109(1) (1) Detailed information and maps on reclamation procedures including all of the following:

NR 131.109(1)(a) (a) Manner, location, sequence, and anticipated duration of reclamation.

NR 131.109(1)(b) (b) Ongoing reclamation procedures during prospecting operations.

NR 131.109(1)(c) (c) Proposed interim and final topography and slope stabilization.

NR 131.109(1)(d) (d) Proposed final land use and relationship to surrounding land and land uses.

NR 131.109(1)(e) (e) Plans for long-term maintenance of the prospecting site, including all of the following:

NR 131.109(1)(e)1. 1. Monitoring of all of the following, as applicable:

NR 131.109(1)(e)1.a. a. Wastes, groundwater levels and quality, and surface water levels and quality.

NR 131.109(1)(e)1.b. b. Leachate, slope stability, vegetation, groundwater elevation, surface water flows and elevations, wetlands, and other aquatic and terrestrial systems.

NR 131.109(1)(e)2. 2. Details related to decommissioning or removing monitoring devices that are no longer in use.

NR 131.109(1)(e)3. 3. The need for long-term water control, management, and treatment systems necessary to prevent pollution of groundwater or surface water.

NR 131.109(1)(e)4. 4. Names of persons legally and operationally responsible for long-term maintenance.

NR 131.109(1)(f) (f) Projected costs of reclamation including an itemized statement showing the estimated costs that will be incurred by the state if it is necessary for the state to implement and fulfill the reclamation plan.

NR 131.109(1)(g) (g) Projected costs of periodic repair or replacement of any engineered cover systems or water management control systems used at the mining waste site, if one is constructed, to avoid adverse environmental consequences. The estimate shall cover the costs reasonably anticipated to occur during the period between 40 and 250 years after closure of the mining waste site.

NR 131.109(1)(h) (h) Proposed quantitative criteria and evaluation methods to demonstrate success and long-term stability of final reclamation for purposes of determining acceptable completion of reclamation and issuance of a certification of completion of reclamation under s. NR 131.122.

NR 131.109(2) (2) Evidence satisfactory to the department that the proposed reclamation will conform with all of the following minimum standards:

NR 131.109(2)(a) (a) Toxic and hazardous wastes, refuse, and other solid waste shall be disposed of in conformance with applicable state and federal statutes or regulations.

NR 131.109(2)(b) (b) Tunnels, shafts, or other underground openings shall be sealed in accordance with applicable safety requirements and in a manner that will prevent seepage of water in amounts that may be expected to create a safety, health, or environmental hazard, unless the applicant can demonstrate alternative uses that do not endanger public health and safety and that conform to applicable environmental protection and mine safety laws and rules.

NR 131.109(2)(c) (c) Underground and surface runoff waters from prospecting sites shall be managed, impounded, or treated so as to prevent soil erosion, flooding, damage to agricultural lands or livestock, damage to wild animals, pollution of groundwater or surface waters, damage to public health, or threats to public safety.

NR 131.109(2)(d) (d) Surface structures constructed as a part of the prospecting activities shall be removed, unless they are converted to an acceptable alternate use, as determined by the department.