Chapter NR 132

NR 132.101 NR 132.101 Purpose. The purpose of this chapter is to implement ch. 293, Stats., by establishing procedures and standards for the comprehensive regulation of nonferrous metallic mineral mining in this state and facilitating a coordinated procedure by which department permits, licenses, and approvals may be applied for, hearings may be held, and determinations may be made by the department in an integrated manner.

NR 132.101 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 132.102 NR 132.102 Applicability.

NR 132.102(1) (1) The provisions of this chapter are applicable to all nonferrous metallic mineral mining, including the storage, handling, processing, transportation, and disposal of all materials resulting from a mining operation except to the extent that mining wastes are regulated under ch. NR 182.

NR 132.102(2) (2) If a standard under any state or federal statute, rule, or regulation other than this chapter specifically regulates in whole an activity or facility on a mining site regulated under this chapter the other state or federal statute, rule, or regulation shall be the controlling standard. If the other state or federal statute, rule, or regulation only specifically regulates the activity or facility in part, the other statute, rule, or regulation shall only be controlling as to that part.

NR 132.102 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 132.103 NR 132.103 Definitions. In this chapter:

NR 132.103(1) (1) “Applicant” means a person who has applied for a mining permit.

NR 132.103(2) (2) “Background water quality” or “background concentration” means surface water or groundwater quality at or near a facility, practice or activity which has not been affected by that facility, practice or activity, established by monitoring at the proposed site, upgradient and downgradient of the proposed site and at representative reference sites, as necessary.

NR 132.103(3) (3) “Baseline data” means the data collected by the applicant or the department which the department has accepted through the regulatory process of ss. NR 132.105 and 132.117, and s. 293.31, Stats., as representing the existing environmental conditions prior to the commencement of mining and established by monitoring at the proposed site, upgradient and downgradient of the proposed site and at representative reference sites, as necessary.

NR 132.103(4) (4) “Department” means the department of natural resources.

NR 132.103(5) (5) “Environmental pollution” has the meaning specified in s. 293.01 (4), Stats.

NR 132.103 Note Note: Section 293.01 (4), Stats., defines “environmental pollution” to mean: “the contaminating or rendering unclean or impure the air, land or waters of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal or plant life.”

NR 132.103(6) (6) “Groundwater” means any waters of the state, as defined in s. 281.01 (18), Stats., occurring in a saturated subsurface geological formation of rock or soil.

NR 132.103(7) (7) “Materials” means all solid, liquid and gaseous, substances handled, processed, transported, stored or disposed of on the mining site during the mining, concentrating and reclamation operation, including merchantable by-product and other substances generated by the operation as well as those brought onto the mining site.

NR 132.103(8) (8) “Merchantable by-product” means all waste soil, rock, mineral, liquid, vegetation, and other material directly resulting from or displaced by the mining, cleaning, or preparation of nonferrous metallic minerals during mining operations which are determined by the department to be marketable upon a showing of marketability made by the operator, accompanied by a verified statement by the operator of his or her intent to sell such material within 3 years from the time it results from or is displaced by mining. If after 3 years, from the time merchantable by-product results from or is displaced by mining, such material has not been transported off the mining site, it shall be considered and regulated as refuse unless removal is continuing at a rate of more than 12,000 cubic yards per year or an exemption has been granted under s. NR 132.112 extending designation of the material as merchantable by-product.

NR 132.103(9) (9) “Mill” means an enclosed facility, such as a concentrator building, where ore is separated into values and rejects, including tailings, and may include facilities and processes for crushing, cleaning, grinding and separating ore minerals through flotation, magnetic separation, leaching or other processes.

NR 132.103(10) (10) “Mining” or “mining operation” means all or part of the process in the mining of nonferrous metallic minerals other than for exploration, bulk sampling or prospecting, and includes commercial extraction, agglomeration, beneficiation, site preparation and clearing, construction of project facilities including roads and other corridors, removal of overburden, and the production of refuse.

NR 132.103(11) (11) “Mining permit” means the permit that is required of all operators as a condition precedent to commencing mining at a mining site as required under s. 293.37 (1) (a), Stats.

NR 132.103(12) (12) “Mining plan” means the proposal for the mining of the mining site which must be approved by the department under s. 293.49, Stats., as part of the mining permit.

NR 132.103(13) (13) 

NR 132.103(13)(a) (a) “Mining site” means the surface area disturbed by a mining operation, including the surface area from which the nonferrous metallic minerals or refuse or both have been removed, the surface area covered by refuse, all lands disturbed by the construction or improvement of haulageways, pipelines and pipeline corridors, and any surface areas in which structures, equipment, materials, and any other things used in the mining operation are situated.

NR 132.103(13)(b) (b) “Mining site” includes but is not limited to all of the following:

NR 132.103(13)(b)1. 1. Facilities required as a condition of a mining permit under s. 293.65 (3) (b), Stats.

NR 132.103(13)(b)2. 2. Corridors for access roads and rail spurs from the location where the corridor connects with the main portion of the mining site extending to the location where it connects with a public road or rail line owned by another entity.

NR 132.103(13)(c) (c) “Mining site” does not include environmental monitoring sites located off of the main portion of the mining site.

NR 132.103(14) (14) 

NR 132.103(14)(a) (a) “Mining waste” or “nonferrous mining waste” means any refuse, sludge, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material, resulting from nonferrous metallic mineral prospecting or mining, or from the cleaning or preparation of nonferrous metallic minerals during prospecting or mining operations.

NR 132.103(14)(b) (b) “Mining waste” includes tailings, waste rock, mine overburden, and waste treatment sludges.

NR 132.103(14)(c) (c) “Mining waste” does not include topsoil and mine overburden not disposed of in a waste site, but placed in a facility permitted under ch. NR 131 or this chapter, to be returned to the mine site or used in the reclamation process, and does not include merchantable by-product.

NR 132.103(14)(d) (d) “Mining waste” does not include trees and other vegetation removed from the mining site during site preparation and facility construction.

NR 132.103(15) (15) “Monitoring data” means the data collected by the operator or the department after the commencement of mining.

NR 132.103(16) (16) “Nonferrous metallic mineral” means an ore or other earthen material to be excavated from the natural deposits on or in the earth for its metallic content but not primarily for its iron oxide content.

NR 132.103 Note Note: This definition does not apply to substances mined primarily for their iron oxide content. This definition includes substances mined for the purpose of extracting a metal or metals such as copper, zinc, lead, gold, silver, titanium, vanadium, nickel, cadmium, molybdenum, chromium, manganese, cobalt, zirconium, beryllium, thorium, and uranium.

NR 132.103(17) (17) “Non-mining solid waste” means solid waste generated as part of a nonferrous prospecting or mining operation that is not mining waste and includes materials such as discarded vegetation, tires, barrels, sanitary waste, and various other solid waste materials defined in ch. NR 500, including construction and demolition waste, garbage, commercial solid waste and municipal solid waste.

NR 132.103(18) (18) “Operator” means any person who is engaged in, or who has applied for or holds a permit to engage in mining, whether individually, jointly or through subsidiaries, agents, employees or contractors.

NR 132.103(19) (19) “Ore” means a naturally occurring material from which nonferrous metallic minerals may be recovered at a profit.

NR 132.103(20) (20) “Overburden” means any unconsolidated geologic material, such as till, sand and gravel, and weathered bedrock that may be removed during mining.

NR 132.103(21) (21) “Person” has the meaning specified in s. 293.01 (16), Stats.

NR 132.103 Note Note: Section 293.01 (16), Stats., defines “person” to mean: “an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency” or federal agency.”

NR 132.103(22) (22) “Principal shareholder” has the meaning specified in s. 293.01 (17), Stats.

NR 132.103 Note Note: Section 293.01 (17), Stats., defines “principal shareholder” to mean: “any person who owns at least 10 percent of the beneficial ownership of an operator.”

NR 132.103(23) (23) “Reclamation” has the meaning specified in s. 293.01 (23), Stats.

NR 132.103 Note Note: Section 293.01 (23), Stats., defines “reclamation” to mean: “the process by which an area physically or environmentally affected by prospecting or mining is rehabilitated to either its original state or, if this is shown to be physically or economically impracticable or environmentally or socially undesirable, to a state that provides long-term environmental stability. Reclamation shall provide the greatest feasible protection to the environment and shall include, but is not limited to, the criteria for reclamation set forth in s. 293.13 (2) (c), Stats.”

NR 132.103(24) (24) “Reclamation plan” means the proposal for the reclamation of the mining site that must be approved by the department under s. 293.49, Stats., as part of the mining permit, and includes the closure requirements of ch. NR 182 for facilities licensed under that chapter.

NR 132.103(25) (25) “Refuse” has the meaning specified in s. 293.01 (25), Stats.

NR 132.103 Note Note: Section 293.01 (25), Stats., defines “refuse” to mean: “all waste soil, overburden, rock, mineral, liquid, vegetation, and other material, except merchantable by-products, directly resulting from or displaced by the prospecting or mining, and from the cleaning or preparation of nonferrous metallic minerals during prospecting or mining operations, and shall include all waste materials deposited on or in the prospecting or mining site from other sources.”

NR 132.103(26) (26) “Surface mine” or “surface mining” means all or any part of a process of mining non-ferrous minerals in which the nonferrous ore lies at or near the surface and can be extracted directly from the land surface if the ore body is exposed or can be accessed from the surface and extracted after removing the overlying layers of overburden and rock.

NR 132.103(27) (27) “Tailings” means waste material resulting from the beneficiation of ore at a mill facility.

NR 132.103(28) (28) “Unsuitable” or “unsuitability” means that the land proposed for surface mining is not suitable for such activity because the surface mining activity itself may reasonably be expected to destroy or irreparably damage any of the following:

NR 132.103(28)(a) (a) Habitat required for survival of species of vegetation or wildlife as designated in ch. NR 27, if such endangered species cannot be firmly reestablished elsewhere.

NR 132.103(28)(b) (b) Unique features of the land, as determined by state or federal designation as any of the following, that cannot have their unique characteristic preserved by relocation or replacement elsewhere:

NR 132.103(28)(b)1. 1. Wilderness areas designated by statute or administrative rule.

NR 132.103(28)(b)2. 2. Wild and scenic rivers designated by statute or administrative rule.

NR 132.103(28)(b)3. 3. National or state parks designated by statute or administrative rule.

NR 132.103(28)(b)4. 4. Wildlife refuges and areas designated by statute or administrative rule.

NR 132.103(28)(b)5. 5. Properties of historical significance identified as listed properties under s. 44.31 (4), Stats., and archaeological sites, as defined in s. 44.47 (1) (b), Stats.

NR 132.103(28)(b)6. 6. State natural areas designated under s. 23.28, Stats.

NR 132.103(28)(c) (c) Other areas of a type designated by statute or administrative rule as unique or unsuitable for prospecting or surface mining.

NR 132.103(29) (29) “Waste rock” means consolidated geologic material that has been excavated during the mining process but is not of sufficient value to constitute ore.

NR 132.103(30) (30) “Wetlands” means an area where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.

NR 132.103 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (4), (22), (28) (b) 5. made under s. 35.17, Stats., Register December 2021 No. 792.

NR 132.104 NR 132.104 Environmental baseline data collection prior to preapplication notification.

NR 132.104(1) (1) A person who intends to submit a preapplication notification under s. 293.31, Stats., may, prior to obtaining, collecting, or generating environmental baseline data intended to be used to support the permit application, submit to the department a description of the methodology that the person intends to use in obtaining, collecting, or generating the data. The description shall specify sampling equipment and instrumentation, sampling locations, sample collection protocols, sampling schedules, analytical methods and reporting procedures. The person shall provide the department with a complete electronic version of the information submitted under this subsection in a format prescribed by the department and duplicate reproducible paper copies of the information in a quantity specified by the department.

NR 132.104(2) (2) Any request under sub. (1) for department review of proposed environmental data collection methodology shall be accompanied by a fee of $1,500. The department may waive the fee if the requested review is of limited scope or is substantively duplicative of previous requests.

NR 132.104(3) (3) 

NR 132.104(3)(a) (a) The department shall review the proposed methodology and shall either inform the person that the proposed methodology is accepted by the department or provide the person with the methodology that the department requires the person to use.

NR 132.104(3)(b) (b) The department review under this subsection is limited specifically to the proposed methodology for data collection and analysis. Department approval of the methodology is not an endorsement or approval of the intended data collection program, including adequacy of the scope of the data collection program and appropriateness of sampling locations and analytical parameters.

NR 132.104(3)(c) (c) In approving the proposed methodology under this subsection, the department may require the person to provide notice to the department prior to specific data collection activities to facilitate verification of data collection by department staff, as necessary.

NR 132.104(4) (4) If a person obtains, collects, or generates data or information intended to be used to support a mining permit application without obtaining department approval of the person’s methodology under sub. (3), the department may not exclude any of the data or information that consists of general environmental information such as soil characteristics, hydrologic conditions, and air and water data contained in publications, maps, documents, studies, reports, and similar sources, whether public or private, not prepared by or for the applicant.

NR 132.104(5) (5) If the period of data collection prior to the filing of a preapplication notice under s. NR 132.105 continues for longer than 12 months, the department may require the person to enter into a pre-application services agreement with the department under s. 23.40 (4), Stats., to cover costs incurred by the department in verifying or reviewing the environmental data.

NR 132.104 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 132.105 NR 132.105 Preapplication notification and data collection.

NR 132.105(1) (1) At least 12 months before filing an application for a mining permit under s. NR 132.107 a person proposing to engage in a mining project shall notify the department in writing of the person’s intention to apply for a mining permit and submit to the department a project review fee under s. NR 132.106. The person submitting the preapplication notification shall provide the department with a complete electronic version of the notice in a format prescribed by the department and shall provide duplicate paper copies of the notice in a quantity specified by the department. The notice shall include all of the following information:

NR 132.105(1)(a) (a) The name, address, and telephone number of the person submitting the preapplication notification.

NR 132.105(1)(b) (b) A map showing the approximate location of the mining site including anticipated project boundaries, locations of surface waters, roads, railroads, pipelines and utilities within the project area and identification of property ownership of lands included in the project site and adjacent areas.

NR 132.105(1)(c) (c) The expected date when a mining permit application may be submitted under s. NR 132.107.

NR 132.105(1)(d) (d) A preliminary project description addressing all of the following:

NR 132.105(1)(d)1. 1. A topographic map showing the location of the ore body and preliminary location of major project facilities.

NR 132.105(1)(d)2. 2. A general description of the ore body including available details on size, shape, and orientation, faulting and fracturing systems and patterns, origin, lithology, and mineralogic composition, including approximate metal grades and content.

NR 132.105(1)(d)3. 3. A discussion of the anticipated mining and ore processing methods, a general description of the wastes expected to be generated, and potential locations of anticipated mining, milling, and mining waste facilities.

NR 132.105(1)(d)4. 4. The following information pertaining to potential mining sites:

NR 132.105(1)(d)4.a. a. A discussion of land uses at the proposed mining site and the surrounding area which may have an impact on the suitability of the property as a mining site or on groundwater quality.

NR 132.105(1)(d)4.b. b. A discussion of land use zoning, with particular attention given to areas where zoning variances will be required, where agricultural impact statements may be required, or where floodplain, conservancy, shoreland or wetland zoning is designated.

NR 132.105(1)(d)4.c. c. Identification of known recreational, historical, archaeological areas, areas that contain threatened or endangered species per s. 29.604, Stats., and ch. NR 27, state or local natural areas and county forest lands.

NR 132.105(1)(d)4.d. d. A discussion of the regional setting of the proposed mining site generally documented by currently available public information addressing the topography, surface hydrology including the presence of any resources designated as areas of special natural resources interest under s. 30.01 (1am), Stats., geology and hydrogeology of the area surrounding the potential mining site.

NR 132.105(1)(d)5. 5. An estimate of the project schedule.

NR 132.105(1)(e) (e) A proposed scope of study that includes all of the following:

NR 132.105(1)(e)1. 1. Identification of data requirements needed for preparation of the mining permit application, environmental impact report, mining waste site feasibility report and plan of operation and other applications for permits, licenses, and approvals issued by the department.