Chapter NR 134

NR 134.08(1) (1) The department shall deny an exploration license if the department finds the explorer is in violation of any provision of this chapter.

NR 134.08(2) (2) Within 10 business days from the date of application, the department shall furnish the explorer in writing the reasons for the denial.

NR 134.08 History History: Cr. Register, October, 1985, No. 358, eff. 11-1-85.

NR 134.09 NR 134.09 Application for approval.

NR 134.09(1) (1) At least 30 days prior to the proposed date of commencement of drillhole construction, the explorer shall submit an application for drillhole construction approval to the department. The application shall be submitted as an original, in reproducible form, and 5 copies. The explorer shall, at the same time, submit one copy of the application to the county clerk of the county in which the drilling is proposed to occur. The application shall contain the following information:

NR 134.09(1)(a) (a) Location of proposed drillhole.

NR 134.09(1)(b) (b) Proposed date of commencement of drilling.

NR 134.09(1)(c) (c) Proposed method of drilling including details on site preparation and access, drilling water source and possible drilling additives.

NR 134.09(1)(d) (d) Proposed drillhole construction, including drillhole inclination, azimuth and diameters; type, diameter and depth of casing and liners; lithologic units expected to be penetrated, including the expected thickness of each; and proposed cementing materials and methods of casing cementing.

NR 134.09(1)(e) (e) Proposed method of containment of any oil and gas that might be encountered.

NR 134.09(1)(f) (f) Proposed method of containment and eventual disposal of any groundwater which may flow to or is otherwise brought to the ground surface.

NR 134.09(1)(g) (g) Proposed method of drillhole abandonment and drilling site reclamation.

NR 134.09(2) (2) If the department finds that the proposed drillhole location, construction, abandonment, and site reclamation will adequately protect the waters of the state, it shall grant the approval. If it finds that the exploration as proposed will not provide such protection, the department may grant an approval subject to such conditions as it deems necessary to provide such protection, or it may deny the approval if it determines that such protection cannot be provided. Written approvals of drillhole construction plans shall be issued, issued with conditions or denied within 20 business days after the department receives a complete application as described in sub. (1). If it is determined, pursuant to ch. NR 150 that an environmental impact statement is required to comply with s. 1.11, Stats., this time limit shall be extended. Approval of drillhole construction plans shall terminate one year after date of issuance, if such construction has not commenced.

NR 134.09 History History: Cr. Register, October, 1985, No. 358, eff. 11-1-85; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register March 2011 No. 663; CR 13-022: am. (2) Register March 2014 No. 699, eff. 4-1-14.

NR 134.10 NR 134.10 Notice procedures.

NR 134.10(1) (1) 

NR 134.10(1)(a) (a) The explorer shall notify the department of the explorer’s intent to drill on that parcel by registered or certified mail at least 10 days in advance of the commencement of drilling. Notice shall be considered as given upon the date of receipt by the department of the notice. The notice of intent to drill shall state the number of drillholes expected to be drilled, the legal description of the affected parcel, and the date of the written approval by the department. The explorer shall submit a copy of each notice of intent to the county clerk of the county in which the drilling is proposed. Such copy shall be submitted by registered or certified mail and must be received by the county clerk’s office at least 10 days prior to commencement of drilling.

NR 134.10(1)(b) (b) A notice of intent to drill shall remain in effect for one year commencing on the date of receipt by the department of the notice. One year after the receipt of the notice, the explorer shall resubmit a notice of intent to drill on that parcel to the department and the county clerk if the explorer wishes to continue exploration on the parcel.

NR 134.10(2) (2) The explorer shall notify the department prior to the actual commencement of drilling each drillhole on the parcel. This notice may be oral or written to the department’s regional office in Rhinelander.

NR 134.10(3) (3) The explorer shall give the department at least 24 hours advance notice of the explorer’s intent to permanently abandon a drillhole for which abandonment approval has been granted pursuant to s. NR 134.05. The 24-hour requirement may be reduced by the department. This notice may be oral or written and to the department’s district office in Rhinelander.

NR 134.10 Note Note: The 10-day notice of intent to drill shall be sent to the Bureau of Waste Management, P.O. Box 7921, Madison, WI 53707.

NR 134.10 History History: Cr. Register, October, 1985, No. 358, eff. 11-1-85; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register March 2019 No. 759.

NR 134.11 NR 134.11 Reports.

NR 134.11(1) (1) Within 30 days after completion of temporary or permanent abandonment of a drillhole the explorer shall file an exploration abandonment report with the department on forms supplied by the department and signed by an authorized representative of the explorer attesting to the accuracy of the information.

NR 134.11(2) (2) All abandonment reports shall be submitted to the department’s regional office in Rhinelander.

NR 134.11(3) (3) Following permanent abandonment of the drillhole, and revegetation and regrading of the drilling site, the explorer shall notify the department of completion of termination of each drilling site. This notification shall be made in writing and sent to the department’s regional office in Rhinelander.

NR 134.11(4) (4) The department shall notify the explorer in writing of the satisfactory or unsatisfactory completion of termination. If termination is unsatisfactory, the department shall inform the explorer of all necessary corrective measures. Following implementation of corrective measures, the explorer shall file written notice with the department’s district office in Rhinelander specifying what measures were taken and stating that termination is complete. Failure of the explorer to comply with the department’s corrective measures may result in license revocation or suspension in accordance with s. NR 134.07. Upon satisfactory completion of termination of a drilling site, the department shall issue a certificate of completion. No drilling site will receive a certificate of completion until permanently abandoned in accordance with the provisions of this chapter.

NR 134.11 History History: Cr. Register, October, 1985, No. 358, eff. 11-1-85; correction in (2), (3) made under s. 13.92 (4) (b) 6., Stats., Register March 2019 No. 759.

NR 134.12 NR 134.12 Inspections.

NR 134.12(1) (1) Any duly authorized officer, employee or representative of the department may enter and inspect any property, premises or place on or at which any exploration is being performed at any reasonable time for the purpose of ascertaining the state of compliance with this chapter.

NR 134.12(2) (2) No explorer may refuse entry or access to any authorized representative of the department who requests entry for purposes of inspection and who presents appropriate credentials.

NR 134.12(3) (3) No person may obstruct, hamper or interfere with any such inspection.

NR 134.12 History History: Cr. Register, October, 1985, No. 358, eff. 11-1-85.

NR 134.13 NR 134.13 Confidentiality. Pursuant to s. NR 2.19, the explorer may request confidentiality on a generic basis in lieu of a site specific basis, of all documents and data that will be submitted to or requested by the department under the provisions of this chapter.

NR 134.13 History History: Cr. Register, October, 1985, No. 358, eff. 11-1-85.