Chapter NR 132

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.

NR 132.105(1)(e)2. 2. Specific methodologies to be utilized in data collection, data processing and synthesis, laboratory methods, and analyses.

NR 132.105(1)(e)3. 3. Description of the format in which the data will be presented in the environmental impact statement and applications for other approvals, permits and licenses.

NR 132.105(1)(e)4. 4. Tentative schedule for collection of field data.

NR 132.105(1)(e)5. 5. Names, addresses, and qualifications of persons who will be responsible for data collection, laboratory work, and impact analysis. Data shall be submitted under the seal of a licensed professional engineer, geologist or hydrologist registered with or licensed by the Wisconsin department of safety and professional services or other professional with expertise directly applicable to the data.

NR 132.105(1)(e)6. 6. Quality assurance programs employed in obtaining, collecting, generating, and evaluating all baseline data.

NR 132.105(1)(e)7. 7. Identification of anticipated modeling studies necessary to evaluate facility design and complete environmental impact assessments.

NR 132.105(1)(f) (f) Other pertinent information as requested by the department.

NR 132.105(2) (2) The person giving notice under sub. (1) may submit, as part of the notification, specific environmental data that were obtained, collected, or generated prior to submitting a preapplication notification under this section including data reviewed under s. NR 132.104 and data that were not reviewed under s. NR 132.104. To the extent such information is available, the person shall include substantiating background information that will assist the department in establishing the validity of the data including the following:

NR 132.105(2)(a) (a) The data obtained, the method of data collection, and the analytical methods employed.

NR 132.105(2)(b) (b) The identity of persons obtaining, collecting, and generating the data and their qualifications. Data shall be submitted under the seal of a licensed professional engineer, geologist or hydrologist registered with or licensed by the Wisconsin department of safety and professional services or other professional with expertise directly applicable to the data.

NR 132.105(2)(c) (c) Permits, licenses, and approvals that were in effect when the data and information were obtained, collected, and generated prior to submitting the preapplication notification.

NR 132.105(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 mining 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 132.105(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 132.105(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 mining 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 mining 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 mining project.

NR 132.105(6) (6) No later than 90 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 132.105(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 132.105(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 mining 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 132.105(9) (9) The department may conduct studies necessary to verify information that may be submitted in support of the environmental impact report, mining 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 132.105 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) (d) 4. c. made under s. 35.17, Stats., and correction in numbering of (2) (a) to (c) made under s. 13.92 (4) (b) 1., Stats., Register December 2021 No. 792.

NR 132.106 NR 132.106 Mining project review fee.

NR 132.106(1) (1) When a person gives notice under s. NR 132.105 (1) of the person’s intention to apply for a mining permit, the person shall pay the department a fee of $100,000 to reimburse the department for costs incurred by the department in connection with review of the proposed mining project during the year following receipt of the notice, other than any costs related to the environmental impact statement for the proposed mining.

NR 132.106(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 mining for which notice was given under s. NR 132.105 (1) with the costs incurred by the department in connection with the proposed mining 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 132.105 (1) shall pay a fee equal to the amount by which the costs exceed the fees previously paid.

NR 132.106(3) (3) When the department issues or denies a mining permit or when a person who gave notice under s. NR 132.105 (1) ceases to seek approval of the proposed mining 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 mining project with the costs incurred by the department in connection with the proposed mining 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 132.105 (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 132.105 (1) shall pay a final fee equal to the amount by which the costs exceed the fees previously paid.

NR 132.106 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 132.107 NR 132.107 Application to mine.

NR 132.107(1) (1) No person may engage in mining or reclamation at any mining site that is not covered by a mining permit and a written authorization to mine as provided in s. NR 132.116 (4).

NR 132.107(2) (2) No application for surface mining will be entertained by the department if within the previous 5 years the applicant, or a different person who had received a prospecting permit for a site had certified under s. 293.35 (1), Stats., that he or she would not subsequently make application for a permit to conduct surface mining at the site.

NR 132.107(3) (3) 

NR 132.107(3)(a) (a) An applicant shall submit an application 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 132.107(3)(b) (b) Upon receipt of the application under par. (a), the department shall give public notice of the department’s receipt of the application and the availability, for review, of the mining permit application and additional documents specified under sub. (5), 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 132.107(4) (4) The application shall be accompanied by all of the following:

NR 132.107(4)(a) (a) A mining plan in accordance with s. NR 132.108.

NR 132.107(4)(b) (b) A reclamation plan in accordance with s. NR 132.109 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 132.107(4)(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 mining site and locations both upgradient and downgradient of the mining 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 132.107(4)(d) (d) A list of names and addresses of each owner of land within the mining site and each person known by the applicant to hold any option or lease on land within the mining site and all prospecting and mining permits in this state held by the applicant.

NR 132.107(4)(e) (e) Evidence satisfactory to the department that the applicant has applied for necessary approvals and permits under all applicable zoning ordinances.

NR 132.107(4)(f) (f) Information specified in s. 293.37 (2) (e) 1., Stats., related to forfeiture of mining reclamation bonds, felony convictions, bankruptcies, or revocations of mining permits by the applicant or related persons within the preceding 10 years.

NR 132.107(4)(g) (g) Information relating to whether unsuitability may exist for surface mining to the extent not fully considered under s. 293.45, Stats.

NR 132.107(4)(h) (h) Descriptions of land contiguous to the proposed mining site that the applicant owns, leases, or has an option to purchase or lease.

NR 132.107(4)(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 132.107(4)(j) (j) A summary of project-related impacts to water supply wells and surface water bodies as a result of groundwater pumping or mine dewatering and steps to mitigate the impacts as provided under s. 293.65 (3) (b), Stats.

NR 132.107(4)(k) (k) A summary of environmental management and pollution control technologies that will be implemented at the proposed mining site and documentation that the proposed technology is capable of resulting in compliance with all applicable air, groundwater, surface water, and solid and hazardous waste management laws and rules of the department and is reasonably certain to result in compliance with these laws and rules at the proposed mining site.

NR 132.107(4)(L) (L) If not provided in an environmental impact report, information demonstrating the proposed mine will result in a net positive economic impact in the area reasonably expected to be most impacted by the activity.

NR 132.107(4)(m) (m) A description of any requested exemptions or variances to provisions of ch. 293, Stats., or this chapter, in accordance with s. NR 132.112.

NR 132.107(4)(n) (n) Other pertinent information or documentation that the department may require.

NR 132.107(5) (5) At the time an applicant submits a mining permit application, the applicant shall also submit an environmental impact report consistent with the requirements of ch. NR 150, mining waste site feasibility report, mining waste site plan of operation and applications, and supporting documentation for other approvals, licenses, and permits relating to the proposed mining project and identified by the department in the response provided under s. NR 132.105 (5). These documents shall be provided in the format and quantities prescribed by the department.

NR 132.107(6) (6) The hearing procedure outlined in s. 293.43, Stats., shall govern all hearings on the mining 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 mining project issued by the department.

NR 132.107 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 132.108 NR 132.108 Mining plan. The mining plan shall include all of the following:

NR 132.108(1) (1) A detailed map of the proposed mining site in accordance with s. 293.37 (2) (a), Stats.

NR 132.108(2) (2) Details of the nature, extent, and final configuration of the proposed excavation and mining site including location and total production of tailings and other mining refuse and the nature and depth of overburden.

NR 132.108(3) (3) Details of the proposed operating procedures, including all of the following:

NR 132.108(3)(a) (a) Mining operation sequence and duration including site preparation, construction, operation and reclamation.

NR 132.108(3)(b) (b) Handling of topsoil, merchantable by-products, overburden, and waste rock materials.

NR 132.108(3)(c) (c) Tailings production, handling, and final disposition, including design specifications for any tailings transport pipelines.

NR 132.108(3)(d) (d) Ore processing including crushing, milling, concentrating, refining, and reagent use and storage.

NR 132.108(3)(e) (e) Storage, loading, and transportation of final product.

NR 132.108(3)(f) (f) 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, surface water and process waters.

NR 132.108(3)(g) (g) Plans for adequate covering or isolation of all pollutant-bearing minerals or materials handled on the site.

NR 132.108(3)(h) (h) Plans for collection, treatment, and discharge of water resulting from the operation.

NR 132.108(3)(i) (i) 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 132.108(3)(j) (j) Plans for air quality protection as required under ch. 285, Stats.

NR 132.108(3)(k) (k) A risk assessment of possible accidental health and environmental hazards potentially associated with the mining operation. The risk assessment shall include contingency measures with respect to these risks and hazards, and the assumptions in this assessment, shall be explicitly stated.

NR 132.108(3)(L) (L) 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 132.108(3)(m) (m) Description of all surface facilities associated with the mining site.

NR 132.108(3)(n) (n) Description of anticipated geological and geotechnical investigations and drilling programs.

NR 132.108(4) (4) Evidence satisfactory to the department that the proposed mining operation will be consistent with the reclamation plan and will comply with all of the following minimum standards:

NR 132.108(4)(a) (a) Grading and stabilization of excavation, sides, and benches to conform with state and federal environmental and safety requirements and to prevent environmental pollution and prevent and control erosion.

NR 132.108(4)(b) (b) Grading and stabilization of deposits of mining refuse in conformance with applicable state and federal environmental and safety requirements and applicable solid waste laws and regulations.

NR 132.108(4)(c) (c) Stabilization of merchantable by-products.

NR 132.108(4)(d) (d) Adequate diversion and drainage of water from the mining site to prevent contamination of surface water and groundwater and prevent and control erosion.

NR 132.108(4)(e) (e) Notwithstanding the provisions of ch. NR 812, excavations shall be backfilled when the backfilling procedure will not interfere with the mining operation and will not do any of the following:

NR 132.108(4)(e)1. 1. Cause an exceedance of any groundwater quality standards implemented under this chapter and ch. NR 182.

NR 132.108(4)(e)2. 2. Adversely affect public health or welfare.

NR 132.108(4)(f) (f) Handling and storage, including covering as needed, of all materials on the mining 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 132.108(4)(g) (g) Removal and stockpiling, or other measures to protect topsoil or other soil materials from erosion and leaching, consistent with environmental considerations and reclamation, during mining site preparation and active mining unless the department determines that such action will be environmentally undesirable.

NR 132.108(4)(h) (h) Maintenance of adequate vegetative cover where feasible to prevent and control erosion.

NR 132.108(4)(i) (i) Impoundment of water where necessary in a safe and environmentally acceptable manner.

NR 132.108(4)(j) (j) Adequate planning of the site to achieve the aesthetic standards for the entire mining site described in ss. NR 132.110 (1) (e) and 132.111 (1).

NR 132.108(4)(k) (k) 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 132.108(4)(L) (L) Identification and prevention of significant environmental pollution as defined in s. 293.01 (4), Stats.

NR 132.108(4)(m) (m) Maintenance of appropriate emergency procedures to minimize damage to public health, safety, and welfare and the environment from events described under sub. (3) (k).