Chapter NR 131

NR 131.115(2) (2) Notice of denial. If the department denies an application for a prospecting permit, the department shall furnish the operator findings of fact, conclusions of law, and an order setting forth the reasons for denial.

NR 131.115 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2021 No. 792.

NR 131.116 NR 131.116 Reclamation bond and other financial assurance securities.

NR 131.116(1) (1) 

NR 131.116(1)(a) (a) Upon notification that a prospecting permit has been issued by the department but prior to commencing prospecting, the operator shall file with the department a bond conditioned on faithful performance of all of the requirements of this chapter and ch. 293, Stats. In lieu of a bond, the operator may deposit cash, certificates of deposit, or government securities with the department. Interest received on certificates of deposit and government securities shall be paid to the operator. The amount of the bond or other security required shall be equal to the estimated cost to the state of fulfilling the reclamation plan, in relation to that portion of the site that will be disturbed by the end of the following year. The department shall determine the estimated cost of reclamation of each prospecting site on the basis of relevant factors including expected changes in the price index, topography of the site, methods being employed, depth and composition of overburden, and depth of the prospecting excavation.

NR 131.116(1)(b) (b) The department, as provided under s. 293.53 (1) (a), Stats., may increase the amount of the bond, cash, certificates of deposit, or government security filed under par. (a) to assure adequate financing for the reclamation plan.

NR 131.116(1)(c) (c) A bond filed under par. (a) shall be issued by a surety company licensed to do business in Wisconsin. If the surety company’s license to do business is revoked or suspended, the operator, within 30 days after receiving written notice thereof from the department, shall substitute surety underwritten by a surety company licensed to do business in Wisconsin. Upon failure of the operator to make a substitution, the department shall suspend the operator’s prospecting permit until an acceptable substitute surety has been submitted.

NR 131.116(1)(d) (d) A bond filed under par. (a) shall provide that the bond shall not be canceled by the surety, except after not less than 90 days’ notice to the department in writing by registered or certified mail. Not less than 30 days prior to the expiration of the 90-day notice of cancellation, the operator shall deliver to the department a replacement bond in the absence of which all prospecting shall cease.

NR 131.116(3) (3) The applicant shall submit a certificate of insurance certifying that the applicant has in force a liability insurance policy issued by an insurer authorized to do business in this state, or in lieu of a certificate of insurance evidence that the applicant has satisfied state or federal self-insurance requirements, covering all prospecting operations of the applicant in this state and affording personal injury and property damage protection in a total amount deemed adequate by the department but not less than $50,000.

NR 131.116(4) (4) If a mining waste site is approved as part of a permitted prospecting project, the owner shall maintain proof of financial responsibility ensuring the availability of funds for compliance with the long-term care requirements specified in the waste site feasibility study and plan of operation in accordance with ss. 293.51 (1g) and 289.41, Stats., and ch. NR 182. Proof of financial responsibility for long term care shall be submitted prior to operation of the mining waste facility.

NR 131.116(5) (5) If a mining waste site is approved as part of a permitted prospecting project, the operator shall provide and maintain proof of financial responsibility as required under s. 293.51 (1r), Stats., related to replacement of engineered cover systems or water management control systems used at the mining site or mining waste site to avoid adverse environmental consequences following closure of the mining waste site. The amount of the security required under this subsection shall be determined as provided in s. 293.51 (1r), Stats., and shall be specified as part of the prospecting permit and reclamation plan approval. Proof of financial responsibility under this subsection shall be submitted at the time of closure of the mining waste site and in accordance with provisions of ch. NR 182.

NR 131.116 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 131.117 NR 131.117 Monitoring.

NR 131.117(1) (1) The operator shall monitor the prospecting site and adjacent areas in accordance with the monitoring plan approved as part of the prospecting permit. The department may require the operator to perform additional monitoring of environmental changes during the course of the permitted activity and for such additional periods of time as is necessary to satisfactorily complete reclamation of the prospecting site and long-term care of the mining waste facility, if constructed as part of the prospecting operation.

NR 131.117(2) (2) The department may monitor environmental changes concurrently with the operator as stated in sub. (1) and for an additional period after the full reclamation bond is released under s. 293.63, Stats.

NR 131.117(3) (3) 

NR 131.117(3)(a) (a) Baseline data, monitoring data, and the monitoring plan shall be reviewed at the time of annual permit review or at such time as the operator requests any modification of the prospecting permit, prospecting plan, reclamation plan or monitoring plan.

NR 131.117(3)(b) (b) Baseline data and monitoring data shall be considered by the department in all enforcement actions including issuance of a stop order to an operator, requiring an immediate cessation of mining, in whole or in part, at any time that the department determines that there exists an immediate and substantial threat to public health and safety or the environment.

NR 131.117(3)(c) (c) If the analyses of samples indicate the quality of the groundwater is statistically significantly different from either baseline or background, the operator shall notify the department immediately and implement applicable provisions of the contingency plan submitted under s. NR 182.109 (2) (d) or 131.107 (3) (L).

NR 131.117(4) (4) Any request for modification of the scope of the monitoring plan approved as part of the prospecting permit, including sampling parameters, monitoring locations and frequency and duration of sampling, shall comply with the procedures in s. NR 131.120. Changes in monitoring equipment and sampling and analytical protocols may be reviewed and approved by the department and are not subject to the modification procedural requirements of s. NR 131.120.

NR 131.117(5) (5) All laboratory chemical analyses required under the monitoring plan shall be conducted by a laboratory certified under s. 299.11, Stats., and ch. NR 149 or other certification program applicable to specific test categories.

NR 131.117 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (3) (c) made under s. 35.17, Stats., Register December 2021 No. 792.

NR 131.118 NR 131.118 Inspections.

NR 131.118(1) (1) Subject to applicable state and federal safety rules or regulations, any authorized officer, employee, or representative of the department may enter and inspect any property, premises or place on or at which any prospecting operation or facility is located or is being constructed or installed at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and chs. 30, 281, 283, 285, 289 to 292, and 299, Stats., and rules adopted under those chapters.

NR 131.118(2) (2) No operator may refuse entry or access to any authorized representative of the department who requests entry for purposes of inspection, and who presents appropriate credentials, nor may any person obstruct, hamper, or interfere with any such inspection.

NR 131.118(3) (3) The department shall furnish to the operator a written report on any inspection setting forth all observations, relevant information, and data that relate to compliance status.

NR 131.118 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 131.119 NR 131.119 Reporting and prospecting permit review.

NR 131.119(1) (1) Annual report. By January 31 of each year, an operator shall submit an annual report to the department summarizing the extent of prospecting, the extent of reclamation activities, and other activities conducted at the prospecting site in the preceding calendar year. The operator shall provide the department with a quantity of paper copies specified by the department and shall provide a complete electronic version in a format specified by the department. The annual report shall include text, maps, tabular summaries and graphics as appropriate, documenting all of the following:

NR 131.119(1)(a) (a) A summary of all prospecting completed at the prospecting site during the year, including the extent of additional surface disturbance during the year and total acres of disturbed area on the prospecting site.

NR 131.119(1)(b) (b) The volume of material removed, stockpiled, or disposed of on the prospecting site including mining wastes by category, topsoil, and non-prospecting solid waste.

NR 131.119(1)(c) (c) A summary of reclamation activities including temporary and permanent reclamation and ongoing site maintenance activities that were completed during the year, including, as applicable, a summary of reclamation monitoring results, an evaluation of completed reclamation as related to the reclamation success criteria specified in the approved reclamation plan, an assessment of the effectiveness of specific reclamation activities conducted that year and recommendations for changes to specific reclamation protocols to consider for future work.

NR 131.119(1)(d) (d) A summary of prospecting site dewatering statistics including monthly pumping totals, if applicable.

NR 131.119(1)(e) (e) A summary of water treatment activities, if applicable, including monthly totals of water treated and discharged.

NR 131.119(1)(f) (f) A summary of any incidents and related responses concerning spills, pond overflows, embankment failures or leakage, liner failures, pipeline failures or leaks, or other unforeseen environmental releases that occurred at the prospecting site.

NR 131.119(1)(g) (g) A summary of any plan or permit modifications and any deviations from approved plans not subject to a modification.

NR 131.119(1)(h) (h) A summary of environmental monitoring activities and results required under the approved monitoring plan, including an analysis of the data to determine the development of any observable trends and a comparison of the data to background values and predicted values, if predictive modeling or similar analyses were conducted as part of the prospecting permit review process.

NR 131.119(1)(i) (i) A discussion of the extent of additional surface disturbance to be expected by the end of the next calendar year including estimates of the volumes of topsoil, ore, mining waste, merchantable by-products, and other materials to be removed.

NR 131.119(1)(j) (j) An assessment of the adequacy of the amount of the financial surety posted under s. NR 131.116 (1) considering the anticipated condition of the prospecting site at the end of the next calendar year, applicable provisions of the approved reclamation plan, any changes in reclamation costs or changes in state, federal or local regulatory requirements applicable to the prospecting operation. This analysis shall clearly identify the amount of financial security necessary to fulfill the reclamation plan relative to the prospecting site as it is projected to exist at the end of the calendar year.

NR 131.119(2) (2) Permit review. The department shall review the prospecting permit, prospecting plan, reclamation plan, and required financial securities annually after issuance of the prospecting permit, to ascertain adequacy, compliance with state or federal laws enacted after the issuance of the permit, and technological currency. The department shall provide its findings to the operator within 30 days after receipt of the annual report submitted under sub. (1). If the department, after review, determines that the plans should be modified or the bond amount changed, it shall notify the operator of the necessary modifications or changes and establish a schedule for submitting modified plans in accordance with s. NR 131.120.

NR 131.119 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 131.120 NR 131.120 Prospecting permit and plan modification.

NR 131.120(1) (1) If the department after review of the prospecting permit, prospecting plan and reclamation plan determines that the permit or plans should be modified or the bond amount changed, it shall notify the permit holder of the necessary modifications or changes. If the permit holder does not request a hearing within 30 days, the modifications or changes shall be deemed accepted.

NR 131.120(2) (2) An operator, at any time, may apply for amendment or cancellation of a prospecting permit or for a change in the prospecting plan, reclamation plan, or monitoring plan for any prospecting operation that the operator owns or leases.

NR 131.120(2)(a) (a) The operator shall submit any application for the amendment, cancellation, or change in a format specified by the department. The request shall identify the tract of land to be added to or removed from the permitted prospecting site or to be affected by a change in the prospecting or reclamation plans. The request shall clearly identify any proposed changes in the prospecting plan, reclamation plan, or monitoring plan, reasons for the changes and anticipated environmental and economic impacts of the proposed changes.

NR 131.120(2)(b) (b) The department shall determine if any change in the prospecting plan, reclamation plan, or monitoring plan substantially broadens or changes the scope of the original prospecting project and provide notice of its determination in the same manner as specified under s. 293.43 (2m) (b), Stats.

NR 131.120(2)(c) (c) The department shall provide notice of any modification that involves an increase or decrease in the area of a prospecting site or a substantial change in the prospecting plan, reclamation plan, or monitoring plan in the same manner as an original application for a prospecting permit under s. 293.43 (2m), Stats. If 5 or more interested persons do not request a hearing in writing within 30 days of notice, no hearing is required on the modification. The notice shall include a statement to this effect.

NR 131.120(2)(d) (d) If the department holds a hearing, it shall be conducted as an informational hearing and shall be subject to the notice and procedural provisions under s. 293.43 (3m), Stats. Any information presented in a prior hearing on either the original application or any previous modification may be offered as part of the hearing record on the proposed modification.

NR 131.120(2)(e) (e) If the application is to cancel any portion of a prospecting site, the department shall verify that prospecting has not occurred on the portion of the prospecting site identified in the request. If the department finds that no prospecting has occurred, the department shall modify the prospecting permit accordingly and, if applicable, shall authorize the operator to modify the financial securities required under s. NR 131.116 to reflect the decrease in the prospecting site.

NR 131.120(3) (3) To the extent that testimony and evidence submitted at the original prospecting permit proceedings or from previous modification hearings is relevant to the issues of modification or granting or denial of the amendment, it may be adopted in the subsequent proceedings, subject to the opportunity for cross-examination and rebuttal, if not unduly repetitious.

NR 131.120 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (2) (c) made under s. 35.17, Stats., Register December 2021 No. 792.

NR 131.121 NR 131.121 Certificate of completion of reclamation and reclamation bond release.

NR 131.121(1) (1) Upon completion of final reclamation in accordance with the approved reclamation plan for a portion of the prospecting site or the entire prospecting site the operator may provide notice to the department that final reclamation has been completed. The notice shall include all of the following:

NR 131.121(1)(a) (a) Clear delineation of the portion of the prospecting site addressed by the notification.

NR 131.121(1)(b) (b) Documentation that all applicable reclamation success criteria specified in the approved reclamation plan have been satisfied for the portion of the prospecting site addressed in the notification.

NR 131.121(1)(c) (c) Identification of routine management and maintenance activities that may be necessary to maintain the reclaimed portion of the site.

NR 131.121(1)(d) (d) Documentation of ongoing reclamation monitoring activities.

NR 131.121(1)(e) (e) Documentation that the reclamation activities, as implemented, have achieved the minimum standards as required in s. 293.13 (2) (c), Stats.

NR 131.121(2) (2) Upon receipt of the notification of completion of final reclamation under sub. (1) the department shall review the information contained in the notification and take one of the following actions:

NR 131.121(2)(a) (a) Approve the notification, specifying the date upon which final reclamation is considered to have been completed and the scope of approved management, maintenance, and monitoring activities.

NR 131.121(2)(b) (b) Request additional information needed to complete the review of the notification.

NR 131.121(2)(c) (c) Deny approval of the notification, specifying the reasons for denial and steps to correct any identified deficiencies.

NR 131.121(3) (3) Not less than 2 years after completion of final reclamation, as determined by the department under sub. (2) (a), or if the prospecting site becomes part of a mining site permitted under ch. NR 132, the operator may petition the department to consider issuance of a certificate of completion of reclamation for any portion of the prospecting site in accordance with the approved reclamation plan and this chapter. The petition shall include information that demonstrates continued compliance with the applicable reclamation success criteria specified in the approved reclamation plan and that the site is stable and generally self-sustaining, requiring only routine maintenance and management.

NR 131.121(4) (4) The department shall provide public notice of any request for certification of completion of reclamation under sub. (3) in the same manner as an original application for a prospecting permit under s. 293.43 (2m), Stats., and shall hold an informational hearing following the procedures under s. 293.43 (3m), Stats. The scope of a hearing conducted under this subsection shall be limited to issues related to whether the operator has complied with the approved reclamation plan and the need for and scope of continued monitoring, maintenance, and reporting related to reclamation. If the requested certification is for the entire prospecting site or covers the entire remaining portion of the prospecting site that has not been previously certified, the public notice and hearing shall also include consideration of the revised prospecting permit under sub. (7) (b).

NR 131.121(5) (5) 

NR 131.121(5)(a) (a) If the department finds after conducting a hearing that the operator has completed final reclamation for any portion of the prospecting site in accordance with the reclamation plan and this chapter, and the minimum standards specified under s. 293.13 (2) (c), Stats., the department shall issue a certificate of completion setting forth a description of the area reclaimed and a statement that the operator has fulfilled its duties under the reclamation plan as to that area. Upon issuance of a certificate of completion, the department shall reduce the amount of the bond or security to an amount equal to the estimated cost of reclamation of the portion of the prospecting site for which a certificate of completion has not been issued.

NR 131.121(5)(b) (b) In issuing a certificate of completion of reclamation the department may require the operator to continue regular maintenance of the reclaimed portion of the site and to continue regular reclamation monitoring and reporting. If needed to ensure long term environmental integrity of any portion of the site, the department, as part of a certificate of completion, may require an operator to develop a land use restriction to limit incompatible uses and development of specified portions of the prospecting site. Such land use restriction shall be recorded in the office of the register of deeds in each county in which the portion of the prospecting site affected by the restriction is located.

NR 131.121(5)(c) (c) Issuance of a certificate of completion under this subsection does not release an operator of any ongoing obligations or requirements imposed under other licenses, permits, or approvals issued by the department or other requirements of applicable laws and rules of the department.

NR 131.121(6) (6) Upon issuance of any certificate of completion under sub. (5) for any portion of the prospecting site, but not for the entire prospecting site, the department shall allow the operator to reduce the amount of the bond to an amount which shall equal the estimated cost of reclamation of the portion of the prospecting site which is disturbed or for which reclamation has been completed but no certificate of completion has been issued. The bond may not be reduced to an amount that is less than the minimum amount specified in sub. (7).

NR 131.121(7) (7) 

NR 131.121(7)(a) (a) Upon issuance of a certificate or certificates of completion of reclamation for the entire prospecting site, the department shall require the operator to maintain a bond equal to at least 10 percent of the cost to the state of reclamation of the entire prospecting site. In the event the operator fails to take appropriate and timely action as directed in an order issued by the department under s. 293.83 (1), Stats., the department may access the remaining bond to complete any necessary maintenance or stabilization activities that are needed to ensure stability of the prospecting site.

NR 131.121(7)(b) (b) Upon issuance of a certificate or certificates of completion of reclamation for the entire prospecting site, the department shall issue a revised prospecting permit to the operator that covers the period from issuance of the certificate of completion until the full reclamation bond is released. The revised prospecting permit shall specify acceptable uses of the reclaimed prospecting site consistent with the reclamation plan, approved maintenance activities, monitoring and reporting requirements, and other conditions necessary to ensure compliance with the applicable minimum standards of s. 293.13 (2) (c), Stats. Subsequent modifications to the prospecting permit shall be processed in accordance with the provisions of s. NR 131.120 and s. 293.53, Stats.

NR 131.121(8) (8) Five years after the issuance of a certificate or certificates of completion for the entire prospecting site, the department shall terminate the prospecting permit and release the financial security required under s. NR 131.116 (1) and s. 293.51 (1), Stats., if the department finds that the operator has complied with the approved reclamation plan. If the remaining financial security is not released, the department shall specify the reasons for retaining the financial security and shall include a schedule for reconsidering release of the financial security.

NR 131.121 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (3), (4), (7) (b) made under s. 35.17, Stats., Register December 2021 No. 792.

NR 131.122 NR 131.122 Enforcement.

NR 131.122(1) (1) The department may cancel a prospecting permit as provided in ss. 293.83 (3) and 293.85, Stats.

NR 131.122(2) (2) Any person who makes a statement, known to the person to be false or misleading in any material respect or causes, such a statement to be made in an application or report required under this chapter, who refuses to file any report required under this chapter, or who refuses to submit information required by the prospecting permit may be fined not less than $1,000 nor more than $5,000. If the false or misleading statement is material to the issuance of the permit, the permit may be revoked. If any violation under this subsection is repeated the permit may be revoked.

NR 131.122(3) (3) Penalties for violations may be imposed in accordance with s. 293.87, Stats. Penalties may include revocation of a permit as set forth in s. 293.87, Stats.

NR 131.122(4) (4) Six or more citizens may file a complaint relating to alleged or potential environmental pollution caused by a prospecting operation. The department shall process verified complaints related to alleged or potential environmental pollution as provided under s. 299.91, Stats.

NR 131.122 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.